LEGISLATIVE HISTORY

CISG ANTECEDENTS

• Match-up of CISG Article 84 with ULIS provisions
• Comments on the match-up

     CISG Article 84                 ULIS Article 81
                                             
1. If the seller is bound to    1. Where the seller is under 
refund the price, he must       an obligation to refund the 
also pay interest on it, from   price, he shall also be 
the date on which the price     liable for the interest thereon 
was paid.                       at the rate fixed by Article 83, 
                                as from the date of payment. 
2. The buyer must account  
to the seller for all benefits  2. The buyer shall be liable to 
which he has derived from       account to the seller for all 
the goods or part of them:      benefits which he has derived 
                                from the goods or part of them, 
 (a) if he must take            as the case may be: 
     restitution of the goods   
     or part of them; or          (a) where he is under an 
                                      obligation to return the 
 (b) if it is impossible for him      goods or part of them; 
     to make restitution of all       or 
     or part of the goods or to  
     make restitution of all      (b) where it is impossible 
     or part of the goods             for him to return the 
     substantially in the             goods or part of them, 
     condition in which he            but the contract is 
     received them, but he has        nevertheless avoided. 
     nevertheless declared the    
     contract avoided or          
     required the seller to       
     deliver substitute goods.    

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