LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 50 with ULIS provisions

     CISG Article 50                       ULIS Article 46
                                                   
If the goods do not conform with      Where the buyer has neither 
the contract and whether or not the   obtained performance of the 
price has already been paid, the      contract by the seller nor 
buyer may reduce the price in the     declared the contract avoided, 
same proportion as the value that     the buyer may reduce the price 
the goods actually delivered had      in the same proportion as the 
at the time of the delivery bears to  value of the goods at the time of 
the value that conforming goods       the conclusion of the contract has
would have had at that time.          been diminished because of their 
However, if the seller remedies       lack of conformity with the 
any failure to perform his            contract. 
obligations in accordance with  
article 37 or article 48 or if the  
buyer refuses to accept performance 
by the seller in accordance with  
those articles, the buyer may not 
reduce the price.                    

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Pace Law School Institute of International Commercial Law - May 22, 2001

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