ANNOTATED TEXT OF CISG
Article 37

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 37 [partial presentation]

• 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 37 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedent
  • Article 37 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 37 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 37 from seminal 1986 text by Peter Schlechtriem [Germany]
• Comments on Article 37 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

• Anette Gärtner [Germany (Edinburgh Law School)], Review of seller's right to cure under CISG (and other remedies) and under English law, (Pace essay: June 2000)

• 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 [cure and deliver* (stem for delivery/deliveries) 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 36 [Damage of goods: effect on conformity]

  • 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]

• Article 37 [Right to cure up to the date for delivery] has to do with seller's right to cure deficiencies or non-conformities of the goods. For companion language on seller's right to cure lack of conformity in documents; go to Annotated Text of Article 34 [Documents relating to the goods]

Words, phrases and concepts

• 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