ANNOTATED TEXT OF CISG
Article 36

(2) The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or characteristics.

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 36 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedent
  • Article 36 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 36 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 36 from seminal 1986 text by Peter Schlechtriem [Germany]
• Comments on Article 36 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

• Sylvain Bollée [France], The Theory of Risks in the Vienna Sale of Goods Convention 198, Paris I thesis (December 1999)

• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [conformity, guarant* (stem for guarantee/guarantees),warrant* (stem for warranty/warranties) and pass* (stem for passage of risk) 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

• Go to Annotated Text of Article 35 [Conformity of the goods]; go to Annotated Text of Article 37 [Right to cure up to date for delivery]

  • Go also to Annotated Text of Article 46 [Buyer's right to compel performance] (see Article 46(2) [Buyer's right to require substitute goods] and Article 46(3) [Buyer's right to require repair]); and go to Annotated Text of Article 48 [Cure after delivery]

• Go to Annotated Text of Article 38 [Time for examining the goods]; go to Annotated Text of Article 39 [Notice of lack of conformity]; go to Annotated Text of Article 40 [Seller's knowledge of lack of conformity]; go to Annotated Text of Article 44 [Excuse for failure to notify]

Words, phrases and concepts

• "guarantee" (significance of deletion of word "express") and meaning of new phrase added: "for a period of time" (36(2)). Colloquies at the Diplomatic Conference explain these terms. OR 312-315, paras. 1-44 [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: 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