GUIDE TO CISG ARTICLE 30

Secretariat Commentary (closest counterpart to an Official Commentary)

Guide to the use of this commentary

The Secretariat Commentary is on the 1978 Draft of the CISG, not the Official Text, which re-numbered most of the articles of the 1978 Draft. The Secretariat Commentary on article 28 of the 1978 Draft is quoted below with the article references contained in this commentary conformed to the numerical sequences of the Official Text, e.g., article 28 [draft counterpart of CISG article 30].

To the extent it is relevant to the Official Text, the Secretariat Commentary on the 1978 Draft is perhaps the most authoritative source one can cite. It is the closest counterpart to an Official Commentary on the CISG. A match-up of this article of the 1978 Draft with the version adopted for the Official Text is necessary to document the relevancy of the Secretariat Commentary on this article. See the match-up for this article for a validation of citations to this Secretariat Commentary. This match-up indicates that article 28 of the 1978 Draft and CISG article 30 are substantively identical.

Text of Secretariat Commentary on article 28 of the 1978 Draft
[draft counterpart of CISG article 30]   [General obligations of the seller]

PRIOR UNIFORM LAW

ULIS, article 18.

COMMENTARY

Article 28 [draft counterpart of CISG article 30] states the principal obligations of the seller and introduces chapter II of part III of the Convention. The principal obligations of the seller are to deliver the goods, to hand over any documents relating thereto and to transfer the property in the goods [see footnote 1]. The seller must carry out his obligation "as required by the contract and this Convention." Since article 5 [draft counterpart of CISG article 6] of this Convention permits the parties to exclude its application or, subject to article 11 [draft counterpart of CISG article 12], to derogate from or vary the effect of any of its provision, it follows that in cases of conflict between the contract and this Convention, the seller must fulfill his obligations as required by the contract. (OFFICIAL RECORDS, p. 28).

FOOTNOTE

1. Although this Convention provides that the seller must transfer the property in the goods, article 4(b) [draft counterpart of CISG article 4(b)] specifies that, unless expressly provided, the Convention is not concerned with the effect which the contract may have on the property in the goods sold. This matter is left to the applicable law. See also article 39 [draft counterpart of CISG article 41] and the commentary thereto.