CISG Article 84
1. If the seller is bound to refund the price, he must also pay interest on it, from the date on which the price was paid.
2. The buyer must account to the seller for all benefits which he has derived from the goods or part of them:
(a) if he must take restitution of the goods or part of them; or
(b) if it is impossible for him to make restitution of all or part of the goods or to make restitution of all or part of the goods substantially in the condition in which he received them, but he has nevertheless declared the contract avoided or required the seller to deliver substitute goods.
ULIS Article 81
1. Where the seller is under an obligation to refund the price, he shall also be liable for the interest thereon at the rate fixed by Article 83, as from the date of payment.
2. The buyer shall be liable to account to the seller for all benefits which he has derived from the goods or part of them, as the case may be:
(a) where he is under an obligation to return the goods or part of them; or
(b) where it is impossible for him to return the goods or part of them, but the contract is nevertheless avoided.
The counterpart paragraphs (1) of these matched provisions differ in that ULIS refers to a specified rate of interest, whereas the CISG does not. "The equalization of benefits rules [in paragraph (2) of CISG Article 84] largely follow those of Article 81(2) ULIS. Minor linguistic changes were made, and [the CISG] added a reference in subparagraph (2)(b) to the delivery of substitute goods." This subparagraph was also "brought in line with [CISG Article 82] as a result of changes made to the latter. . . . Like [CISG] Article 81(2), it applies irrespective of which party gave cause to avoid the contract or declared avoidance." Leser in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 652 [citations omitted].
Pace Law School Institute of International Commercial Law - Last updated June 26, 1998
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