LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 40 with ULIS provisions

"[CISG] Article 40 was taken almost word-for-word from Article 40 ULIS and gave no cause for discussion during the drawing up of the Convention." Schwenzer, in: Peter Schlechtriem ed., Commentary on the UN Convention on the International Sale of Goods, Oxford (1998) 321 [citations omitted]

     CISG Article 40                       ULIS Article 40
                                                  
The seller shall not be entitled     The seller shall not be entitled 
to rely on the provisions of         to rely on the provisions of 
articles 38 and 39 if the lack       of Articles 38 and 39 if the lack 
of conformity relates to facts       of conformity relates to facts 
of which he knew or could not        of which he knew, or of which 
have been unaware and which          he could not have been unaware, 
he did not disclose to the buyer.    and which he did not disclose.