"The CISG essentially adopts the same system of fixing an additional period of time as ULIS. In accordance with its basic approach to the issue of remedies, the CISG lays down a single rule for fixing an additional period of time for performance which applies to all cases of failure to perform." Hager in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 486 [citations omitted].
| CISG Article 63 | ULIS Article 62(2) |
| 1. The seller may fix an additional | Where the failure to pay the price at the |
| period of time of reasonable length for | date fixed does not amount to a fundamental |
| performance by the buyer of his obligations. | breach of the contract, the seller may grant |
| to the buyer an additional period of time of | |
| 2. Unless the seller has received | reasonable length. If the buyer has not paid |
| notice from the buyer that he will not | the price at the expiration of the additional period, |
| perform within the period so fixed, the | the seller may either require the payment of the |
| seller may not, during that period, resort to | price by the buyer or, provided that he does so |
| any remedy for breach of contract. | promptly, declare the contract avoided. |
| However, the seller is not deprived | |
| thereby of any right he may have | ULIS Article 66(2) |
| to claim damages for delay in performance. | |
| Where the failure to take delivery of the | |
| goods does not amount to a fundamental | |
| breach of the contract, the seller may grant to | |
| the buyer an additional period of time of reasonable | |
| length. If the buyer has not taken delivery | |
| of the goods at the expiration of the additional | |
| period, the seller may declare the contract | |
| avoided, provided that he does so promptly. | |
Pace Law School Institute of
International Commercial Law
- Last updated June 29, 1998