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LEGISLATIVE HISTORY
CISG ANTECEDENTS
Match-up of CISG articles 15 and 16 with ULIS/ULF provisions
CISG Article 15 & 16 ULF Article 5
CISG Article 15 1. The offer shall not bind the
offeror until it has been
1. An offer becomes communicated to the offeree;
effective when it reaches it shall lapse if its withdrawal is
the offeree. communicated to the offeree
before or at the same time as
2. An offer, even if it is the offer.
irrevocable, may be
withdrawn if the withdrawal 2. After an offer has been
reaches the offeree before communicated to the offeree
or at the same time as the it can be revoked unless the
offer. revocation is not made in good
faith or in conformity with fair
dealing or unless the offer states
CISG Article 16 a fixed time for acceptance or
otherwise indicates that it is firm
1. Until a contract is or irrevocable.
Concluded an offer may be
revoked if the revocation 3. An indication that the offer is
reaches the offeree before firm or irrevocable may be expressed or
he has dispatched an implied from the circumstances,
acceptance. the preliminary negotiations,
2. However, an offer any practices which
cannot be revoked; the parties have established
between themselves or
(a) if it indicates, whether
by stating a fixed time 4. A revocation of an offer shall
for acceptance or only have effect if it has been
otherwise, that it is communicated to the offeree
irrevocable; or before he has dispatched his
(b) If it was reasonable for acceptance or has done any act
the offeree to rely on the treated as acceptance under
offer as being irrevocable paragraph 2 of Article 6.
and the offeree has acted
in reliance on the offer.
Pace Law School Institute of
International Commercial Law
- January 1996
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