ANNOTATED TEXT OF CISG
Article 48

(2) If the seller requests the buyer to make known whether he will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time, resort to any remedy which is inconsistent with performance by the seller.

(3) A notice by the seller that he will perform within a specified period of time is assumed to include a request, under the preceding paragraph, that the buyer make known his decision.

(4) A request or notice by the seller under paragraph (2) or (3) of this article is not effective unless received by the buyer.

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 48 [partial presentation]
• Use of the Principles of European Contract Law to help interpret CISG article 48
  • Match-ups with Continental and Common Law domestic rules, doctrine and jurisprudence

• 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 48 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedent
  • Article 48 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 48 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 48 from seminal 1986 text by Peter Schlechtriem [Germany]

• Comments on Article 48 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 remed* (stem for remedy/remedies) 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

• For other provisions on cure, go to Annotated Text of Article 37 [Seller's right to cure up to the date for delivery]; go to Annotated Text of Article 46 [Buyer's right to compel performance] (see Article 46(2) [Buyer's right to require delivery of substitute goods]; and Article 46(3) [Buyer's right to require repair])

• Go also to Annotated Text of Article 49 [Buyer's right to avoid the contract]; and go to Annotated Text of Article 77 [Mitigation of damages] (mitigation can be relevant to acts pursuant to Article 48)

Words, phrases and concepts

• "Subject to article 49" and "unreasonable delay" (48(1)). Colloquies at the Diplomatic Conference seek to explain these phrases. OR 341-344 and 351-352 [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]

• notices governed by receipt rule (cure after date for delivery: requests for clarification) [48(2)]): for commentary on this and other notices, go to Peter Schlechtriem [Germany], Effectiveness and Binding Nature of Declarations (Notices, Requests or Other Communications) under Part II and Part III of the CISG, Cornell Review of the Convention on Contracts for the International Sale of Goods (Kluwer 1995) 95-114

• reasonableness [48(1), (2)]: 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