Matchup of CISG Article 28 with ULIS Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 28 with ULIS provisions

CISG Article 28 and ULIS Article VII are substantially the same.


    CISG Article 28                      ULIS Article 16
  
If, in accordance with the        Where under the provisions 
provisions of this Convention,    of the present Law one party 
one party is entitled to require  to a contract of sale is entitled to 
performance of any obligation     require performance of any obligation
by the other party, a court is    by the other party, a court shall 
not bound to enter a              not be bound to enter or enforce 
judgement for specific            a judgement providing for 
performance unless the court      specific performance except in 
would do so under its own law     accordance with the provisions 
in respect of similar contracts   of Article VII of the Convention 
of sale not governed by this      dated the 1st day of July 1964 
Convention.                       relating to a Uniform Law on the 
                                  International Sale of Goods. 
ULIS Article VII:   
 
(1) Where under the provision of the Uniform Law one party to a 
contract of sale is entitled to require performance of any 
obligation by the other party, a court shall not be bound to 
enter or enforce a judgement providing for specific performance 
except in the cases in which it would do so under its law in respect 
of similar contracts of sale not governed by the Uniform Law. 
 
(2) The provisions of paragraph 1 of this Article shall not affect 
the obligations of a Contracting State resulting from any Convention, 
concluded or to be concluded, concerning the recognition and 
enforcement of judgements, awards and other formal instruments 
which have like force. 
 
SEE ALSO: 
 
ULIS Article 25.  The buyer shall not be entitled to require
performance of the contract by the seller, if it is in conformity with usage and
reasonably possible for the buyer to purchase goods to replace those to which the  
contract relates.  In this case the contract shall be ipso facto
avoided as from the time when such purchase should be effected.   
 
ULIS Article 61(2).  The seller shall not be entitled to require
payment of the price by the buyer if it is in conformity with usage and reasonably
possible for the seller to resell the goods.  In that case the contract shall 
be ipso facto avoided as from the time when such resale should be
effected. 

Pace Law School Institute of International Commercial Law - May 22, 2001
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