ANNOTATED TEXT OF CISG
Article 5

This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person.

Legislative history || Case law || Scholarly writings || Link to related articles || Words and phrases || CISG (full-text)

Guide to this article

• UNCITRAL outline of issues present
  
• Editoral analysis of this article with cross-references to related subjects [not yet available]

• Roadmap to the legislative history of this article
  • Chronology of development of Article 5 at the 1980 Vienna Diplomatic Conference
• [No Secretariat Commentary exists (text created at Diplomatic Conference)]
• [No match-up of this article with the 1978 draft exists]
• [No Hague Convention antecedent to this provision]

• Michael Joachim Bonell & Fabio Liguori [Italy], excerpt from The UN Convention on the International Sale of Goods: A Critical Analysis of Current International Case Law - 1997 (Part 1), Uniform Law Review (1997) 385-395

• Martin Karollus [Austria], excerpt from Judicial Interpretation and Application of the CISG in Germany 1988-1994, Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 51-94

• For further information on CISG case law (material not in this database), go to Unilex: click for a description of the contents of this service. Also of considerable utility are the compendium of case citations and the CISG bibliography contained in Michael R. Will, Twenty Years of International Sales Law Under the CISG: International Bibliography and Case Law Digest, Kluwer Law International (2000). Prof. Will's materials are presented on the CD-Rom edition of the database.

• Selected monographs and anthologies (English language)

• Comments on Article 5 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 5 from seminal 1986 text by Peter Schlechtriem [Germany]
• Comments on Article 5 from monograph by Jacob S. Ziegel [Canada]
• Citations to materials on this article in other texts (selected texts only)
• Selected law journal articles and other commentaries

  • Peter Winship [U.S.], excerpt from Changing Contract Practices in the Light of the United Nations Sales Convention: A Guide for Practitioners, 29 International Lawyer (1995) 525-554

  • To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [sphere of application ("pre/2" = instruction used to confine search to commentary titles with "sphere" and "application" presented together) and product liability are search form entries you may wish to consider]

    Our bibliography contains thousands of citations in 24 languages; we encourage you to tailor your own bibliography search to the specific aspect of this article that you are researching.

Links to related articles

• Article 1 through 5 define the scope of the CISG: go to Annotated Text of Article 1 [Basic rules of applicability]; go to Annotated Text of Article 2 [Exclusions from Convention]; go to Annotated Text of Article 3 [Goods to be manufactured; services]; go to Annotated Text of Article 4 [Issues covered and excluded]

Words, phrases and concepts

• reasonableness: Although not specifically mentioned in this article, reasonableness is a general principle of the CISG
  • For the definition of reasonableness recited in the Principles of European Contract Law and references to reasonableness in Continental and Common Law domestic rules, doctrine and jurisprudence, go to PECL article 1:302 and the comment and notes prepared for this provision

  • To drive home the correlation between the PECL's definition of reasonableness and the evident same meaning of this term to CISG legislators when they used the concept either specifically or as a general principle of the uniform law they drafted, see overview comments and comments that illustrate the similar manner in which this concept fits the CISG