Go to Database Directory || Go to CISG Table of Contents

CISG article 28

Legislative history guidance provided: short form


Article 28 citations contained in the Official Records of the Vienna Conference: Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 March - 11 April 1980, (hereinafter "Official Records") A/CONF. 97/19 pp. 100, 206, 303-305, 426. These documents are reprinted in Honnold, "Documentary History of the Uniform Law for International Sales" (Kluwer 1989) (hereinafter "Documentary History") pp. 672, 741, 524-526, 647. For electronic access to this material, go to Chronology of development of Article 28 at the 1980 Vienna Diplomatic Conference.


Text of relevant Secretariat Commentary and caveats associated with its use: The Secretariat Commentary is on the 1978 Draft of the CISG, not the Official Text of this Convention. The 1978 Draft counterpart to CISG article 28 is significantly different from CISG article 28. Accordingly, the Secretariat Commentary on it is of limited utility.


Article 28 citations to the UNCITRAL legislative history prior to the Vienna Conference: UNCITRAL Yearbooks II (1970), III (1972), V (1974), VI (1975), VIII (1977) and IX (1978); see Honnold, Documentary History, pp. 67-68, 90, 130, 146-147, 179, 221, 226-227, 245, 327, 361-362. For libraries that have the Yearbooks but not the Documentary History, see cross reference to the applicable Yearbook citations.

New Development: UNCITRAL has entered on the Internet all of the cited Yearbooks. Go to <http://www.uncitral.org/uncitral/en/publications/yearbook.html>


An aid to determining whether interpretations of antecedents to the CISG can be relevant to the interpretation of this article: See Article 28: ULIS-ULF/CISG, for match-up of ULF and ULIS provisions with this article of the CISG. Citations to antecedents contained in the Secretariat Commentary are the primary guide to this match-up of antecedents. European commentators, particularly from Germany and the Netherlands, frequently refer to such ULIS and ULF antecedents of the CISG.

Caveat: Even where counterpart provisions appear similar or virtually identical, a further verification is necessary prior to applying ULIS/ULF concepts to the CISG. Each provision of each uniform law must be evaluated in its own context, in the setting of the uniform law in which it is contained. For this purpose, see full text of CISG, full text of ULIS and full text of ULF.


Pace Law School Institute of International Commercial Law - Last updated May 3, 2007
Comments/Contributions
Go to Database Directory || Go to Table of Contents to Annotated Text of CISG