ANNOTATED TEXT OF CISG
Article 34

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)

• 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 34 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedent
  • Article 34 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 34 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 34 from seminal 1986 text by Peter Schlechtriem [Germany]

• Comments on Article 34 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

• Henry D. Gabriel [U.S.], The International Chamber of Commerce INCOTERMS 1990: A Guide to the Terms and Their Usage, 3 Vindobona Journal of International Law and Arbitration, Issue 1 (1999) 61-70

• Burghard Piltz [Germany], INCOTERMS and the UN Convention on Contracts for the International Sale of Goods, in: Pace ed., Review of the Convention on Contracts for the International Sale of Goods (CISG) 1998, Kluwer Law International (1999) 41-51

• Roadmap to Incoterms (1990), Albert H. Kritzer ed., prepared with the help of Jack Scally, former President of the National Shippers Council

• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [cure and deliver* (stem for delivery/deliveries) are search form entries you may wish to consider; to compare the CISG's delivery terms with the trade terms most commonly adopted, you may also wish to enter incoterms in the bibliography search form]

  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 34 [Documents relating to the goods] is part of the section entitled, Delivery of the goods and handing over of documents. This section contains four articles. For links to the other three articles, go to Annotated Text of Article 31 [Place of delivery]; go to Annotated Text of Article 32 [Shipping arrangements]; go to Annotated Text of Article 33 [Time for delivery]

• See also the Convention's provisions on Passing of risk. Links to this material are to be found with the Annotated Texts of Articles 66 through 70

Words, phrases and concepts

• "cure any lack of conformity in the documents". The second sentence of Article 34, which refers to cure of documents, was added at the Diplomatic Conference. "Mr. Shore (Canada), introducing his delegation's amendment . . . said that the rationale of article [37] clearly suggested that the seller's right to cure non-conformity of goods tendered before the time of delivery had elapsed was meant to include non-conformity of documents relating to the goods. There was a close relationship with articles [30 and 34] and his delegation's amendment aimed at explicating that link." OR 309, para. 49 [OR = Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 March - 11 April 1980, A/CONF. 97/19]

• reasonableness: In addition to being specifically mentioned twice 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