Matchup of CISG Article 70 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS


CISG Article 70

If the seller has committed a fundamental breach of contract, articles 67, 68, and 69 do not impair the remedies available to the buyer on account of the breach.

  

ULIS Article 97(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.


Comments on the match-up

"Article 97(2) ULIS provides that, in the case of the handing over of goods which are not in conformity with the contract, the risk passes to the buyer, where he has neither declared the contract avoided nor required goods in replacement. It was principally this provision which caused the Working Group to break the link between the passing of risk and the delivery of the goods. It did so because, in this particular case, ULIS itself departs from the principle that risk passes upon delivery, which produces a complicated system of general rules and exceptions. In the course of recasting the provisions dealing with risk, the rule governing the passing of risk in the case of the delivery of non-conforming goods was reformulated in [CISG] Article 70, but without essentially departing from the rule under ULIS." Hager in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 517 [citations omitted].


Pace Law School Institute of International Commercial Law - Last updated June 17, 1998
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