ANNOTATED TEXT OF CISG
Article 69

(2) However, if the buyer is bound to take over the goods at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place.

(3) If the contract relates to goods not then identified, the goods are considered not to be placed at the disposal of the buyer until they are clearly identified to the contract.

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 69 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedents
  • Article 69 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 69 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 69 from seminal 1986 text by Peter Schlechtriem [Germany]
• Comments on Article 69 from monograph by Jacob S. Ziegel [Canada]
• Citations to materials on this article in other texts (selected texts only)
• Scholarly theses
  • A perspective authored by a scholar of Canada at a Canadian university. Neil Gary Oberman, Transfer of risk from seller to buyer in international commercial contracts: A comparative analysis of risk allocation under the CISG, UCC and Incoterms, Laval thesis (1997)

  • A perspective authored by a scholar of Greece at an English university. Dionysios Flambouras, Transfer of Risk in the Contract of Sale involving Carriage of Goods: A comparative Study in English, Greek law and the United Nations Convention on Contracts for the International Sale of Goods, Oxford thesis (1999)

  • A perspective authored by a scholar of France at a French university. Sylvain Bollée, The Theory of Risks in the Vienna Sale of Goods Convention, Paris I thesis (1999)

  • A perspective authored by a scholar of The Netherlands at a German university. Annemieke Romein, The Passing of Risk A comparison between the passing of risk under the CISG and German law, Heidelberg thesis (1999). Commentary also available in German text

• Selected law journal articles and other commentaries on passage of risk

• P. M. Roth, The Passing of Risk, 27 American Journal of Comparative Law (1979) 292-310

• J.-Y. Kim, [Transfer of risk for international sales contracts - in Korean], Arbitration Journal: Korean Commercial Arbitration Board (2000) 295:81-95
• Selected law journal articles and other commentaries on Incoterms

• Henry D. Gabriel [U.S.], 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

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

• 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; also in: Oleg Semenov ed., CISG <online> 20 years <conference> (24 April 2000), "http://www.cisg.ru/20_jahre/piltz_intro.html"

• Jan Ramberg [Sweden] + experts from France, U.K., U.S., Incoterms 2000: A forum of experts, ICC Publication No. 617 (2000) 131 p. [Comments on Incoterms 2000 and transport procedures: customs clearance procedures; documentary practices; why Incoterms 1990 were revised, etc]

• Comments on passage of risk under national rules, under the CISG, under Incoterms
  • Passage of title vs. passage of risk
    
  • National rules on passage of risk
    
  • The CISG and Incoterms

• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [pass* (stem for passage/passing of risk) is a search form entry you may wish to consider; to compare the CISG's provisions on passage of risk 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 69 [General residual rules on risk] is part of the section entitled, Passing of risk. This section contains five articles. For links to the other four articles, go to Annotated Text of Article 66 [Loss of damage after risk has passed to buyer]; go to Annotated Text of Article 67 [Risk when contract involves carriage]; go to Annotated Text of Article 68 [Sale of goods during transit]; go to Annotated Text of Article 70 [Risk when seller is in breach]

• See also the Convention's provisions on Delivery of the goods and handing over of documents. Links to this material are to be found with the Annotated Texts of Articles 31 through 34

Words, phrases and concepts

• State of knowledge ("is aware of") [69(2)]: link to variations on this theme recited elsewhere in the CISG

• 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