ANNOTATED TEXT OF CISG
Article 92

(2) A Contracting State which makes a declaration in accordance with the preceding paragraph in respect of Part II or Part III of this Convention is not to be considered a Contracting State within paragraph (1) of article 1 of this Convention in respect of matters governed by the Part to which the declaration applies.

Legislative history || Case law || Scholarly writings || Links to related articles || Words and phrases

Guide to this article

• UNCITRAL outline of issues present
  
• When they adopted the CISG, Scandinavian States (Denmark, Finland, Norway and Sweden) each filed an Article 92 reservation declaring that the State would not be bound by Part II of the Convention.

  In October 2009, the Ministries of Justice of Denmark, Finland and Sweden) announced that their countries would adopt Part II by withdrawing their long-standing Article 92 declaration. Norway is also considering this. By virtue of the six-month rule in Article 97(4), it is unlikely that the States concerned will become true "Part II Contracting States" before 2011, even though Part II sometimes applies to these States. See <http://cisgw3.law.pace.edu/cisg/biblio/lookofsky1.html>.

• Chronology of development of Article 92 at the 1980 Vienna Diplomatic Conference

• CASES INVOLVING CISG ARTICLE 92
  • Computer list of annotated cases
  • Case annotations plus other data

• For a companion report on CISG case law and other material, go to Unilex: click for description of and link to this excellent service

• Selected monographs and anthologies
• Comments on Article 92 by Peter Winship [U.S.] at 1984 Parker School seminar of the American Association for the Comparative Study of Law: Ch. 1, pp. 44-45

• Comments on Article 92 by Malcolm Evans in 1987 Bianca-Bonell Commentary on the International Sales Law
• Comments on Article 92 by John O. Honnold [U.S.] in the 3rd ed. (1999) of the most frequently cited text on the CISG: Uniform Law for International Sales
• Comments on Article 92 in December 2000 text by Joseph Lookofsky [Denmark / U.S.]
• Commentarios al Articulo 92 sobre textos de 2001 por Pilar Perales [España]

• See also the helpful Enderlein & Maskow text (cited below under the words and phrases section of this Annotated Text material)

• Citations to materials on this article in other texts (selected texts only)
• Selected law journal articles and other commentaries
• Michael G. Bridge [United Kingdom], Uniform and Harmonized Sales Law: Choice of Law Issues, in: James J. Fawcett, Jonathan M. Harris & Michael Bridge, International Sale of Goods in the Conflict of Laws, Oxford University Press (2005) 908-988 [See §§ 16.123]
• Franco Ferrari [Italy], What Sources of Law for Contracts for the International Sale of Goods? Why One Has to Look Beyond the CISG, 25 International Review of Law and Economics (September 2005) 320-321

• Harry M. Flechtner [U.S.], excerpt from The Several Texts of the CISG in a Decentralized System: Observations on Translations, Reservations and other Challenges to the Uniformity Principle in Article 7(1), 17 Journal of Law and Commerce (1998) 187-217

• Joseph M. Lookofsky [United States/Denmark], Alive and Well in Scandinavia: CISG Part II [discussing Art. 92 reservation and commenting on 1998 Danish Court of Appeals decision], 18 Journal of Law and Commerce (1999) 289-299

• Joseph M. Lookofsky [United States/ Denmark], The Scandinavian Experience, Section II. 1 The Scandinavian CISG Declarations (Article 92 Declarations), in: Ferrari ed., Old Issues Revisited in the Light of Recent Experience, Giuffrè (2003) 106-109

• Ulrich G. Schroeter [Germany], Backbone or Backyard of the Convention? The CISG's Final Provisions, in: Camilla B. Andersen / Ulrich G. Schroeter eds., Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, Wildy, Simmonds & Hill Publishing (March 2008) 425-469
• Supplementary list of citations to Article 92 commentaries: Unilex citations*

  * Most members of the Autonomous Network of CISG Websites also offer bibliographies. Many are tailored, concentrating on commentaries by authors from or writing on CISG issues of special interest to specific countries or regions; some, e.g. CISG online are general and extensive; some, e.g., CISG-Belgium and CISG-Finland also list commentaries by individual articles of the CISG.

• To identify other relevant commentaries, go to the cisgw3 Bibliography and Bibliography Search Form [final provisions, reservations and declarations are search form entries you may wish to consider]

  Bibliography citations on final provisions

  Citations on reservations

  Citations on declarations

  We also encourage you to tailor your own cisgw3 bibliography search to the specific aspect of this article that you are researching.*

  * The cisgw3 bibliography contains over 500 pages of citations. Analyzing these listings can pay dividends.

Links to related articles

Attention to related articles and to the CISG in its entirety is important. This is an autonomous law, i.e., it is meant to be construed within its four corners. When considering aspects of the CISG, because this law relies heavily on general principles, one ought to look at related provisions and the CISG in its entirety.

• Go to Annotated Text of Article 1 [Basic rules of applicability: internationality; relation to Contracting State]

• Go to Annotated Text of Article 99 [Entry into force]

Words, phrases and concepts

• The Enderlein & Maskow text is a good place to commence words and phrases research. Click for their analysis of words, phrases and concepts in this article.