LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 64 with ULIS provisions

     CISG Article 64                      ULIS Article 61(2)
                                                      
1. The seller may declare the       The seller shall not be 
contract avoided:                   entitled to require payment 
                                    of the price by the buyer if 
 (a) if the failure by the buyer    it is in conformity with usage 
     to perform any of his          and reasonably possible for the 
     obligations under the          seller to resell the goods.  In 
     contract or this Convention    that case the contract shall be 
     amounts to a fundamental       ipso facto avoided as from the
     breach of contract; or         time when such resale should 
                                    be effected. 
 (b) if the buyer does not,  
     within the additional              ULIS Article 62  
     period of time fixed by  
     the seller in accordance       1. Where the failure to pay the 
     with paragraph (1) of          price at the date fixed amounts 
     article 63, perform his        to a fundamental breach of 
     obligation to pay the          the contract, the seller may 
     price or take delivery         either require the buyer to pay 
     of the goods, or if he         the price or declare the contract 
     declares that he will not      avoided.  He shall inform the 
     do so within the period        the buyer of his decision within 
     so fixed.                      a reasonable time; otherwise the 
                                    contract shall be ipso facto avoided.

2. However, in cases where the  
buyer has paid the price, the       2. Where the failure to pay the 
seller loses the right to declare   price at the date fixed does not 
the contract avoided unless he      amount to a fundamental 
does so:                            breach of contract, the seller 
                                    may grant to the buyer an 
 (a) in respect of late performance additional period of time of 
     by the buyer, before the       reasonable length.  If the buyer 
     seller has become aware that   has not paid the price at the 
     performance has been           expiration of the additional 
     rendered; or                   period, the seller may either 
                                    require the payment of the 
 (b) in respect of any breach       price by the buyer or, provided 
     other than late performance    that he does so promptly, 
     by the buyer, within a         declare the contract avoided. 
     reasonable time:                            
                                          ULIS Article 66
   (i) after the seller knew or        
       ought to have known          1. Where the buyer's failure to 
       of the breach; or            take delivery of the goods in 
                                    accordance with the contract 
   (ii) after the expiration of     amounts to a fundamental 
        of any additional period    breach of the contract or 
        of time fixed by the        gives the seller good grounds 
        seller in accordance with   for fearing that the buyer will 
        paragraph (1) of article    not pay the price, the seller 
        63, or after the buyer has  may declare the contract 
        declared that he will       avoided. 
        not perform his obligations 
        within such an additional  
        period.                    
 
2. 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. 
 
ULIS Article 70  
 
1. If the buyer fails to perform any obligations 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.   

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