Matchup of CISG Article 30 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS


CISG Article 30

The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention.

  

ULIS Article 18

The seller shall effect delivery of the goods, hand over any documents relating thereto and transfer the property in the goods, as required by the contract and the present Law.

SEE ALSO:

ULIS Article 19(1). Delivery consists in the handling over of goods which conform to the contract.


Comments on the match-up

"The seller's obligations are presented in [CISG] Article 30, which is almost identical to Article 18 of ULIS. However, delivery is not defined, as it is in Article 19(1) of ULIS. [CISG] Article 31 describes the acts which constitute the seller's obligation to deliver the goods; the duty to deliver goods in conformity with the contract is not included. The passing of risk is not tied to délivrance although risk generally passes to the buyer when the seller does those acts which his duty to deliver comprises. Finally, under the present Convention a unified set of remedies applies when the seller fails to perform any of his obligations. The same approach is followed for the buyer's obligations.

"Article 30 presents the elements of due performance. The seller must deliver the goods, hand over any documents and transfer the property. Articles 31 to 34 then lay down what the seller must do in order to deliver the goods and hand over the documents. Likewise, Article 45 lists the remedies for breach of any of the seller's obligations, and Articles 46 to 52 provide a unified set of remedies for breach of these obligations.

"This approach is more practical than the one provided in ULIS. However, the statement of the seller's obligations in Article 30 does not include delivery of goods which conform with the contract. Article 30, therefore, does not contain all the elements of due performance, whereas Article 45 which sums up the remedies for breach of contract by the seller gives the remedies for every kind of breach including delivery of defective goods." Lando in Commentary on the International Sales Law, Bianca/Bonell eds. (Guiffrè: Milan 1987) 246-247.


Pace Law School Institute of International Commercial Law - Last updated June 19, 1998
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