[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]
excerpt from
Joseph Lookofsky
148. The various obligations of the CISG seller are summarized in Article 30: 'The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention.' [page 84]
149. Under Article 30, and as more fully defined in the provisions which follow, the CISG seller must deliver the (right) goods (at the right place and at the right time) as required by the contract and this Convention. Because the Convention respects the parties' freedom to define their own obligations, etc.,[1] it must always be remembered that the primary purpose of CISG rules such as those regarding the proper place and time for seller's performance is to fill in such contractual gaps as may exist in the agreement actually reached between the parties in the concrete case. [page 85]
Pace Law School
Institute of International Commercial Law - Last updated April 4, 2005