Matchup of CISG Article 88 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 88 with ULIS/ULF provisions


CISG Article 88

1. A party who is bound to preserve the goods in accordance with article 85 or 86 may sell them, by any appropriate means if there has been an unreasonable delay by the other party in taking possession of the goods or in taking them back or in paying the price or the cost of preservation, provided that reasonable notice of the intention to sell has been given to the other party.

2. If the goods are subject to rapid deterioration or their preservation would involve unreasonable expense, a party who is bound to preserve the goods in accordance with article 85 or 86 must take reasonable measures to sell them. To the extent possible he must give notice to the other party of his intention to sell.

3. A party selling the goods has the right to retain out of the proceeds of sale an amount equal to the reasonable expenses of preserving the goods and of selling them. He must account to the other party for the balance.

  

ULIS Article 94

1. The party who, in the case to which Articles 91 and 92 apply, is under an obligation to take steps to preserve the goods may sell them by any appropriate means, provided that there has been unreasonable delay by the other party in accepting them or taking them back or in paying the cost of preservation and provided that due notice has been given to the other party of the intention to sell.

2. The party selling the goods shall have the right to retain out of the proceeds of sale an amount equal to the reasonable costs of preserving the goods and of selling them and shall transmit the balance to the other party.

ULIS Article 95

Where, in the cases to which Articles 91 and 92 apply, the goods are subject to loss or rapid deterioration or their preservation would involve unreasonable expense, the party under the duty to preserve them is bound to sell them in accordance with Article 94.


Comments on the match-up

"In contrast to Article 88 CISG, ULIS dealt with the self-help sale and the emergency sale in two separate articles (Article 94 and 95), with the rules concerning the use of the proceeds of sale being added as subparagraph 2 to Article 94 (self-help sale). Article 95 (emergency sale) merely made a general reference to the need for the party preserving the goods ‘to sell them in accordance with Article 94’. That led to difficulties of interpretation, insofar as it was unclear whether the rule in Article 94(2) concerning the use of the proceeds of sale could also be applied in view of the fact that it was only the sale as such which, according to Article 95, was to be conducted ‘in accordance with Article 94’. That question has been clarified by including both types of sale in Article 88 CISG." Eberstein in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 680 [citations omitted].


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