Matchup of CISG Article 69 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 69 with ULIS provisions


CISG Article 69

1. In cases not within articles 67 and 68, the risk passes to the buyer when he takes over the goods or, if he does not do so in due time, from the time when the goods are placed at his disposal and he commits a breach of contract by failing to take delivery.

2. However, if the buyer is bound to take over the goods at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place.

3. If the contract relates to goods not then identified, the goods are considered not to be placed at the disposal of the buyer until they are clearly identified to the contract.

  

ULIS Article 97

1. The risk shall pass to the buyer when delivery of the goods is effected in accordance with the provisions of the contract and the present Law.

2. In the case of the handing over of goods which are not in conformity with the contract, the risk shall pass to the buyer from the moment when the handing over has, apart from the lack of conformity, been effected in accordance with the provisions of the contract and of the present Law, where the buyer has neither declared the contract avoided nor required goods in replacement.

ULIS Article 98

1. Where the handing over of the goods is delayed owing to the breach of an obligation of the buyer, the risk shall pass to the buyer as from the last date when, apart from such breach, the handing over could have been made in accordance with the contract.

2. Where the contract relates to a sale of unascertained goods, delay on the part of the buyer shall cause the risk to pass only when the seller has set aside goods manifestly appropriate to the contract and has notified the buyer that this has been done.

3. Where unascertained goods are of such a kind that the seller cannot set aside a part of them until the buyer takes delivery, it shall be sufficient for the seller to do all acts necessary to enable the buyer to take delivery.

SEE ALSO:

ULIS Article 19(3). Where the goods handed over to the carrier are not clearly appropriated to performance of the contract by being marked with an address or by some other means, the seller shall, in addition to handing over the goods, send to the buyer notice of the consignment and, if necessary, some document specifying the goods.


Comments on the match-up

"Although the CISG does not adopt the approach under ULIS, which links the passing of the risk to the delivery of the goods, it does continue to place the risk, in principle, upon the person with custody of the goods. . . . [U]nder Article 69(1) . . . the risk passes to the buyer when he takes over the goods. . . . Article 69(2) lays down an additional rule to cover the case in which the buyer is bound to take over the goods at a place other than the seller’s place of business, a rule intended above all to cover the sale of goods stored in a warehouse. In such a case, the passing of risk is linked to the placing of the goods at the buyer’s disposal. This system is supplemented by the rule that risk still passes to the buyer if the goods are not taken over as a result of the buyer’s breach of contract (Article 69(1)) . . ." Hager in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 512-513.


Pace Law School Institute of International Commercial Law - Last updated July 30, 1999
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