Matchup of CISG Article 52 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 52                         ULIS Article 29 
                                                  
1. If the seller delivers the goods    Where the seller tenders 
before the date fixed, the buyer may   delivery of the goods before 
take delivery or refuse to take        the date fixed, the buyer may 
delivery.                              accept or reject delivery; 
                                       if he accepts, he may reserve 
2. If the seller delivers a quantity   the right to claim damages in 
of goods greater than that provided    accordance with Article 82. 
for in the contract, the buyer may  
take delivery or refuse to take              ULIS Article 47  
delivery of the excess quantity. 
If the buyer takes delivery of all     Where the seller had proffered 
or part of the excess quantity,        to the buyer a quantity of 
he must pay for it at the contract     unascertained goods greater than 
rate.                                  that provided for in the contract,
                                       the buyer may reject or accept 
                                       the excess quantity.  If the buyer 
                                       rejects the excess quantity, the 
                                       seller shall be liable only for 
                                       damages in accordance with 
                                       Article 82.  If the buyer accepts 
                                       the whole or part of the excess 
                                       quantity, he shall pay for it at 
                                       the contract rate. 


Comments on the match-up

The rule in CISG Article 52(1) also appeared in ULIS Article 29. "An express provision that the accepting buyer may reserve the right to claim damages appeared unnecessary." Will, Commentary on the International Sales Law, Bianca/Bonell eds (Guiffrè: Milan 1987) 379. Article 52(2) is also similar to ULIS Article 47, with the reference to damages deleted.


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