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Cite as Tallon in Bianca-Bonell Commentary on the International Sales Law, Giuffrè: Milan (1987) 610. Reproduced with permission of Dott. A Giuffrè Editore, S.p.A.

Article 83

Denis Tallon

1. History of the provision
2. Meaning and purpose of the provision

ARTICLE 83

A buyer who has lost the right to declare the contract avoided or to require the seller to deliver substitute goods in accordance with article 82 retains all other remedies under the contract and this Convention.

1. History of the provision

     1.1. - This provision, which existed in ULIS (see Article 80) and derives from Article 68 of the UNCITRAL Draft Convention, is the logical, although probably useless, complement of Article 82. It states in full that the loss of the right to declare the contract avoided does not deprive the buyer of the right to claim other remedies which are either available under the Convention, or conceivable in view of the facts of the case: i.e., specific performance (in case avoidance is impossible because the buyer has used the machine a considerable number of times) or reduction in price.

2. Meaning and purpose of the provision

     2.1. - Article 83 will thus alleviate the scruples of judges who, owing to their national tradition, are disinclined to draw all the consequences implicit in the texts of the articles of the Convention. [page 610]


Pace Law School Institute of International Commercial Law - Last updated February 9, 2005
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