Matchup of CISG Article 81 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 81 with ULIS provisions


CISG Article 81

1. Avoidance of the contract releases both parties from their obligations under it, subject to any damages which may be due. Avoidance does not affect any provision of the contract for the settlement of disputes or any other provisions of the contract governing the rights and obligations of the parties consequent upon the avoidance of the contract.

2. A party who has performed the contract either wholly or in part may claim restitution from the other party of what- ever the first party has supplied or paid under the contract. If both parties are bound to make restitution, they must do so concurrently.

  

ULIS Article 78

1. Avoidance of the contract releases both parties from their obligations thereunder, subject to any damages which may be due.

2. If one party has performed the contract either wholly or in part, he may claim the return of whatever he has supplied or paid under the contract. If both parties are required to make restitution, they shall do so concurrently.


Comments on the match-up

"[CISG] Article 81 was adopted in almost the same form as Article 78 ULIS. Whilst paragraph (2) underwent only minor changes, the second sentence of [paragraph (2)] was supplemented by the addition of the words Ďany provision of the contract for the settlement of disputesí. That was intended to make it clear that such provision did not cease to be effective upon the avoidance of the contract. It shows that the contract continues to apply as a framework within which restitution takes place. [Paragraph (2) of CISG Article 81 referring] also to Ďany other provision of the contract governing the rights and obligations of the parties consequent upon the avoidance of the contract" has a similar effect . . ." Leser in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 638 [citations omitted].


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