Matchup of CISG Article 21 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG Article 21 with ULF provisions

"Article 21 can be traced back to Article 9 ULF and adopts the same solution but with a slight clarification." Schlechtriem in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 149.


      CISG Article 21                         ULF Article 9 
                                              
1. A late acceptance is nevertheless  1. If the acceptance is late, 
effective as an acceptance if         the offeror may nevertheless 
without delay the offeror orally      consider it to have arrived in 
so informs the offeree or             due time on condition that he 
dispatches a notice to that effect.   promptly so informs the 
                                      acceptor orally or by dispatch 
2. If a letter or other writing       of a notice. 
containing a late acceptance 
shows that it has been sent in        2. If however the acceptance is 
such circumstances that if its        communicated late, it shall be 
transmission had been normal          considered to have been 
it would have reached the             communicated in due time, if the 
offeror in due time, the late         letter or document which contains
acceptance is effective as an         the acceptance shows that it has 
acceptance unless, without            been sent in such circumstances 
delay, the offeror orally             that if its transmission had been
informs the offeree that he           normal it would have been 
considers his offer as having         communicated in due time; this 
lapsed or dispatches a notice to      provision shall not however apply
that effect.                          if the offeror has promptly 
                                      informed the acceptor orally or by 
                                      dispatch of a notice that he considers 
                                      his offer as having lapsed.

Pace Law School Institute of International Commercial Law - Last updated June 18, 1998
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