Published by Manz, Vienna: 1986. Reproduced with their permission.
Univ. Prof. Dr. Peter Schlechtriem [*]
The Transfer of Documents (Article 34)
Article 34 sentence 1 provides that documents relating to the purchased goods must be handed over at the time and place and in the form required by the contract. Usages are to be respected. If the documents are handed over before they are due, the seller may cure non-conformities in the documents until the due date, unless he would thereby cause the buyer unreasonable inconvenience or expense (Article 34 sentence 2). Nevertheless, the buyer retains his right to damages resulting from the seller's exercise of the right to cure non-conformities in the documents (Article 34 sentence 3). The right to correct documents whose contents do not conform to legal standards or to the contract can also be derived from Article 48. Since a breach of the duty to transfer suitable documents is treated exactly the same as the delivery of non-conforming goods, the seller must be given the opportunity to cure the defects at least until the date agreed for delivery. [page 66]
* 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.(...)
245. The Yugoslavian proposal which clarified this point was withdrawn because it was thought that the relevance of usages for this case was assured by Article 9. See A/Conf. 97/C.1/SR.14 at 3 § 19 et seq. (= O.R. 308).
246. The provision was proposed by the Candian delegation (A/Conf. 97/C.1/L.116= O.R. 106) in regard to Article 35 of the 1978 Draft Convention (now Article 37). In the Drafting Committee the provision was inserted into Article 34. Substantively, the Canadian proposal was not disputed; the discussion in Vienna mainly concerned the drafting and placement. See A/Conf. 97/C.1/SR.14 at 6 et seq. (= O.R. 309 et seq.).
247. See also Dölle (Herber) Article 51 §§ 4, 6 (concerning defective documents under ULIS, in particular the "tainted" bill of lading).
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