LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 47 with ULIS provisions

     CISG Article 47                           ULIS Article 27 
                                                    
1. The buyer may fix an additional    1. Where failure to deliver 
period of time of reasonable length   the goods at the date fixed does 
for performance by the seller of his  not amount to a fundamental 
obligations.                          breach of the contract, the 
                                      seller shall retain the right to 
2. Unless the buyer has received      effect delivery and the buyer 
notice from the seller that he will   shall retain the right to require 
not perform within the period so      performance of the contract 
fixed, the buyer may not, during      by the seller. 
that period, resort to any remedy 
for breach of contract.  However,     2. The buyer may however grant 
the buyer is not deprived thereby     the seller an additional period of
of any right he may have to claim     time of reasonable length.  Failure
damages for delay in performance.     to deliver within this period shall
                                      amount to a fundamental breach 
                                      of the contract. 
SEE ALSO: 
 
ULIS Article 31  
 
1. In cases not provided for in Article 30, the seller shall retain the 
right to effect delivery at the place fixed and the buyer shall 
retain the right to require performance of the contract by the 
seller. 
 
2. The buyer may however grant the seller an additional period 
of time of reasonable length.  Failure to deliver within this period 
at the place fixed shall amount to a fundamental breach of the contract. 
 
ULIS Article 44 
    
1. In cases not provided for in Article 43, the seller shall retain, after 
the date fixed for the delivery of the goods, the right to deliver any 
missing part or quantity of the goods or to deliver other goods which 
are in conformity with the contract or to remedy any defect in the goods 
handed over, provided that the exercise of this right does not cause the  
buyer either unreasonable inconvenience or unreasonable expense. 
 
2. The buyer may however fix an additional period of time 
of reasonable length for the further delivery or for the remedying 
of the defect.  If at the expiration of the additional 
period the seller has not delivered the goods or remedied the defect, 
the buyer may choose between requiring the performance of the 
contract or reducing the price in accordance with Article 46 or, 
provided that he does so promptly, declare the contract avoided. 
 
ULIS Article 51 
 
If the seller fails to hand over documents as provided in Article 50 
at the time and place fixed or if he hands over documents which are 
not in conformity with those which he was bound to hand over, 
the buyer shall have the same rights as those provided under 
Articles 24 to 32 or under Articles 41 to 49, as the case may be. 

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