Matchup of CISG Article 68 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS


CISG Article 68

The risk in respect of goods sold in transit passes to the buyer from the time of conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.

  

ULIS Article 99

1. Where the sale is of goods in transit by sea, the risk shall be borne by the buyer as from the time at which the goods were handed over to the carrier.

2. Where the seller, at the time of the conclusion of the contract, knew or ought to have known that the goods had been lost or had deteriorated, the risk shall remain with him until the time of the conclusion of the contract.


Comments on the match-up

"Where the sale is of goods in transit by sea, Article 99 ULIS provides that the buyer is to bear the risk retroactively as from the time at which the goods were handed over to the carrier, except where the seller knew or ought to have known that the goods had been lost or had deteriorated. [Whereas the CISG provision applies] generally to all goods in transit, i.e. whether by sea or by land. [Also the rule on retroactive assumption of risk was changed so that, under the CISG] risk basically passes to the buyer only upon conclusion of the contract, but retroactive assumption of risk applies if the circumstances so indicate." Hager in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 509 [citations omitted].


Pace Law School Institute of International Commercial Law - Last updated June 29, 1998
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