Matchup of CISG Article 57 with ULIS/ULF

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LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 57 with ULIS provisions

"[CISG] Article 57 . . . corresponds essentially to Article 59 ULIS. However, it makes it clearer that the parties' contrary agreement takes priority." Hager, in: Peter Schlechtriem ed., Commentary on the UN Convention on the International Sale of Goods, Oxford (1998) 464 [citation omitted]


     CISG Article 57                            ULIS Article 59 
                                               
1. If the buyer is not bound            1. The buyer shall pay the 
to pay the price at any other           price to the seller at the 
particular place, he must pay           seller's place of business 
it to the seller:                       or, if he does not have a 
                                        place of business, at his 
  (a) at the seller's place of          habitual residence, or, where 
      business; or                      the payment is to be made 
                                        against the handing over of 
  (b) if the payment is to be           the goods or of documents, 
      made against the handing          at the place where such 
      over of the goods or of           handing over takes place. 
      documents, at the place 
      where the handing over            2. Where, in consequence of 
      takes place.                      a change in the place of business
                                        or habitual residence of the 
2. The seller must bear any             seller subsequent to the 
increase in the expenses                conclusion of the contract, 
incidental to payment which             the expenses incidental to 
is caused by a change in his            payment are increased, such 
place of business subsequent            increase shall be borne by the 
to the conclusion of the contract.      seller. 

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