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.
Go to Database Directory || Go to CISG Table of Contents