Matchup of CISG Article 36 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS


CISG Article 36

1. The seller is liable in accordance with the contact and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time.

2. The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or will retain specified qualities or characteristics.

  

ULIS Article 35

1. Whether the goods are in conformity with the contract shall be determined by their condition at the time when risk passes. However, if risk does not pass because of a declaration of avoidance of the contract or of a demand for other goods in replacement, the conformity of the goods with the contract shall be determined by their condition at the time when risk would have passed had they been in conformity with the contract.

2. The seller shall be liable for the consequences of any lack of conformity occurring after the time fixed in paragraph 1 of this Article if it was due to an act of the seller or of a person for whose conduct he is responsible.


Comments on the match-up

"Article 35 ULIS [is the forerunner to CISG Article 36]. There are differences particularly in subparagraph (2) [of CISG Article 36], which extends the seller's liability to some cases of lack of conformity occurring after risk has passed. First, there is no longer any express reference to the seller's liability for acts of persons for whose conduct he is responsible. Secondly, the CISG makes the seller also liable for lack of conformity occurring after the passing of risk, if the lack of conformity is in breach of a guarantee. . . . In order to take account of the possibility of implied guarantees, [CISG Article 36(2) uses the expression for] 'a period of time'." Schwenzer in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 290-291 [citations omitted].


Pace Law School Institute of International Commercial Law - Last updated June 17, 1998
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