LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG Article 61 with ULIS provisions

"The fact that the CISG sets out the rules on the remedies for the various types of breach of contract in one section constitutes a major difference between it and ULIS." Hager in Commentary on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 480 [citations omitted].

     CISG Article 61                          ULIS Article 61
 
1. If the buyer fails to perform    1. If the buyer fails to pay 
any of his obligations under the    the price in accordance with the 
contract or this Convention, the    contract and with the present 
seller may:                         Law, the seller may require the 
                                    buyer to perform his obligation. 
 (a) exercise the rights provided 
     in articles 62 to 65;          2. The seller shall not be entitled 
                                    to require payment of the price 
 (b) claim damages as provided      by the buyer if it is in conformity 
     in articles 74 to 77.          with usage and reasonably 
                                    possible for the seller to resell the 
2. The seller is not deprived of    goods.  In that case the contract 
any right he may have to claim      shall be ipso facto avoided as
damages by exercising his right     from the time when such resale 
to other remedies.                  should be effected. 
 
3. No period of grace may be  
granted to the buyer by a   
court or arbitral tribunal  
when the seller resorts to a  
remedy for breach of         
contract.                   
 
ULIS Article 68  
 
1. Where the contract is avoided because of the failure of  
the buyer to accept delivery of the goods or to make a 
specification, the seller shall have the right to claim 
damages in accordance with Articles 84 to 87. 
 
2. Where the contract is not avoided, the seller shall have 
the right to claim damages in accordance with Article 82. 
 
ULIS Article 70 
    
1. If the buyer fails to perform any obligation other than 
those referred to in Section I and II of this Chapter, the 
seller may: 
 
  (a) where such failure amounts to a fundamental breach 
      of contract, declare the contract avoided, provided 
      that he does so promptly, and claim damages in 
      accordance with Articles 84 to 87; or 
 
  (b) in any other case, claim damages in accordance with  
      Article 82. 
 
2. The seller may also require performance by the buyer 
of his obligation, unless the contract is avoided. 

Go to Database Directory || Go to CISG Table of Contents