LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 62 with ULIS provisions

     CISG Article 62                      ULIS Article 61 
                                                
The seller may require the buyer    1. If the buyer fails to pay 
to pay the price, take delivery     the price in accordance with 
or perform his other obligations,   the contract and with the 
unless the seller has resorted to   present Law, the seller may 
a remedy which is inconsistent      require the buyer to perform 
with this requirement.              his obligation. 
 
                                    2. The seller shall not be entitled 
to require payment of the price by the buyer if it is in conformity with 
usage and reasonably possible for the seller to resell the goods. In 
that case the contract shall be ipso facto avoided as from the time 
when such resale should be effected. 
 
ULIS Article 62(1)  
 
Where the failure to pay the price at the date fixed amounts to a  
fundamental breach of the contract, the seller may either require 
the buyer to pay the price or declare the contract avoided.  He  
shall inform the buyer of his decision within a reasonable time; 
otherwise the contract shall be ipso facto avoided. 
 
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  
      the 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