ANNOTATED TEXT OF CISG
Article 28

Legislative history || Case law || Scholarly writings || Links 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]
  
• Secretariat Commentary (closest counterpart to an Official Commentary on this article)
  • Match-up of this article with the 1978 draft
  (to validate Secretariat Commentary)
• Use of the UNIDROIT Principles to help interpret CISG Article 28

• Roadmap to the legislative history of this article
• Legislative history of this article: long form
• Legislative history of this article: short form
  • Chronology of development of Article 28 at the 1980 Vienna Diplomatic Conference
  • Civil law/common law tensions that led to the language of Article 28
• Summary of UNCITRAL legislative history
• Hague Convention antecedents
  • Article 28 match-up with ULIS
  • ULIS (full-text) and André Tunc Commentary on ULIS

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

• Comments on Article 28 from seminal 1986 text by Peter Schlechtriem [Germany]

• Comments on Article 28 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

• Nayiri Boghossian [Syria], A Comparative Study of Specific Performance Provisions in the United Nations Convention on Contracts for the International Sale of Goods, McGill University (1999)

• Harry M. Flechtner [United States], excerpt from Remedies Under the New International Sales Convention: The Perspective from Article 2 of the U.C.C., 8 Journal of Law and Commerce (1988) 53-108

• Amy H. Kastely [U.S.], The Right to Require Performance in International Sales: Towards an International Interpretation of the Vienna Convention, 63 Washington Law Review (1988) 607-651

• John Fitzgerald, CISG, Specific Performance and the Civil Law of Louisiana and Quebec, 16 Journal of Law & Commerce 291-313

• Peter A. Piliounis, excerpt from The Remedies of Specific Performance, Price Reduction and Additional Time (Nachfrist) under the CISG: Are these worthwhile changes or additions to English Sales Law? (Cambridge 1999)

• Peter Schlechtriem [Germany], excerpt from Uniform Sales Law: The Experience with Uniform Sales Laws in the Federal Republic of Germany, Juridisk Tidskrift (Stockholm) (1991/92) 1-28

• Steven Walt [United States], For Specific Performance Under the United Nations Sales Convention, 26 Texas International Law Journal (1991) 211-251

• Alison E. Williams, excerpt from Forecasting the potential impact of the Vienna Sales Convention on international law in the United Kingdom (Pace essay: October 2000)

• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [remed* (stem for remedy/remedies), performance and specific performance ("pre/1" = instruction used to confine search to commnetary titles with "specific" and "performance" presented together) 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.

• For buyer's right to specific performance, go to Annotated text of Article 46

• For seller's right to specific performance, go to Annotated text of Article 62

Words, phrases and concepts

• "unless the court would do so". The 1978 Draft contained the words "a court is not bound to enter a judgement for specific performance unless the court could do so under its own law . . . This was changed to "unless the court would do so under its own law". A colloquy at the Diplomatic Conference explains. OR 304-305, paras. 41-52 [OR = Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 - March 11 1980, A/CONF.97/19]

• 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