Matchup of CISG Article 85 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 85 with ULIS provisions

"The corresponding rule in Article 91 ULIS is essentially in the same terms as [CISG] Article 85. . . . Article 91 ULIS did not lay down, [however] as [CISG Article 85 expressly does, that the seller must be either in possession of the goods or able to control their disposition." Eberstein in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 667.


     CISG Article 85                   ULIS Article 91
                                                
If the buyer is in delay in       Where the buyer is in delay 
taking delivery of the goods      in taking delivery of the goods 
or, where payment of the          or in paying the price, the seller 
price and delivery of the         shall take reasonable steps to 
goods are to be made              preserve the goods; he shall 
concurrently, if he fails to      have the right to retain them 
pay the price, and the seller     until he has been reimbursed his 
is either in possession of the    reasonable expenses by the buyer. 
goods or otherwise able to 
control their disposition,  
the seller must take such 
steps as are reasonable in the 
circumstances to preserve 
them.  He is entitled to  
retain them until he has 
been reimbursed his reasonable 
expenses by the buyer.             

Pace Law School Institute of International Commercial Law - Last updated August 3, 1999
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