ANNOTATED TEXT OF CISG
Article 44

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
  
• Editorial analysis of this article with cross-references to related subjects, Joseph Lookofsky [Denmark]
  

• Roadmap to the legislative history of this article
  • Chronology of development of Article 44 at the 1980 Vienna Diplomatic Conference
  • North-South tensions over Arts. 38/39: development of a compromise Art. 44 "safety net"
• [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]

• 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) [this link identifies commercial texts not in the database]

• Comments on Article 44 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 44 from seminal 1986 text by Peter Schlechtriem [Germany]

• Comments on Article 44 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

• John C. Reitz [U.S.], A History of Cutoff Rules as a Form of Caveat: Part 1 - The 1980 U.N. Convention on the International Sale of Goods, 36 American Journal of Comparative Law (1988) 437-472

• 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

• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [notice is a search form entry 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 39 [Notice of lack of conformity]; go to Annotated Text of Article 41 [Third-party claims to goods]; go to Annotated Text of Article 42 [Third-party claims based on a patent or other intellectual property]; go to Annotated Text of Article 43 [Notice of third-party claims]

  For provisions cited in the text of Article 44, go to Annotated Text of Article 50 [Buyer's right to reduction of price] and go to Annotated Text of Article 74 [General rule for measuring damages]

Words, phrases and concepts

• reasonableness: In addition to being 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