Published by Manz, Vienna: 1986. Reproduced with their permission.

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[Article 23] [see also Formation of the Contract: Basic Principles and Open Questions]

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By using the acceptance to determine the moment when a contract is formed (Article 23), the Convention has increased its importance in the process of contract formation. But, as in ULF, which deliberately does not fix the time when a contract is formed,[153] it may be assumed that the parties can agree to prolong the formation of the contract even after the moment fixed in Article 23, for example, by a condition precedent. In my opinion, for those provisions which make the determination of the moment of the contract's perfection legally relevant, the choice between the time set forth in Article 23 or a later time must be made by evaluating the respective provision and its legal purpose, the meaning of a condition precedent, and the circumstances of the postponement.[154][page 49]

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FOOTNOTES

* The author of this book participated at the Conference as a member of the delegation from the Federal Republic of Germany. The views expressed here are personal to the author and do not necessarily represent the position of the F.R.G. or its delegation.

153. See von Caemmerere, 29 RabelsZ 136 et seq. (1965).

154. Accord Honnold, Commentary § 178. Examples of provisions for which the time of contract formation is important are: Articles 33(c), 35(2)(b), 35(3), 42(1), 42(2), 57(2), 68 sentences 1 and 3, 71(1), 73(3), and 74 sentence 2.

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