The provisions matched below are considerably different; "[t]he sphere of application of the CISG is the part of the Convention which has probably undergone the most changes in comparison with ULF and ULIS." Schlechtriem in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 13.
CISG Article 1 ULIS Article 1(1)
1. This Convention applies to The present Law shall apply
contracts of sale of goods to contracts of sale of goods
between parties whose places entered into by parties whose
of business are in different places of business are in the
States: (a) when the States are territories of different States,
Contracting States; or (b) when in each of the following cases:
the rules of private international
law lead to the application of the (a) where the contract involves
law of Contracting State. the sale of goods which are at
the time of conclusion of the
2. The fact that the parties have contract in the course of
their places of business in carriage or will be carried
different States is to be from the territory of one State
disregarded whenever this fact to the territory of another;
does not appear either from the
contract or from any dealings (b) where the acts of constituting
between, or from information the offer and the acceptance
disclosed by the parties at any have been effected in the
time before or at the conclusion territories of different States;
of the contract.
(c) where delivery of goods is to
3. Neither the nationality of the be made in the territory of a
parties nor the civil or commercial state other than that within
character of the parties the whose territory the acts
contract is to be taken into constituting the offer and the
consideration in determining the acceptance have been effected.
application of this Convention.
SEE ALSO:
ULIS Article 1(3), (4) and (5)
3. The application of the present Law shall not depend on the
nationality of the parties.
4. In the case of contracts by correspondence, offer and
acceptance shall be considered to have been effected in
the territory of the same State only if the letters, telegrams
or other documentary communications which contain them
have been sent and received in the territory of the State.
5. For the purpose of determining whether the parties
have their places of business or habitual residences in
"different States", any two or more States shall not be
considered to be "different States" if a valid declaration
to that effect made under Article II of the Convention
dated the 1st day of July 1964 relating to a Uniform
Law on the International Sale of Goods is in force
in respect of them.
ULIS Article 2
Rules of private international law shall be excluded for
the purpose of the application of the present Law,
subject to any provision to the contrary in the said Law.
ULIS Article 7
The present law shall apply to sales regardless of the
commercial or civil character of the parties
or of the contracts.
[See ULF Article 1(1), (3), (4), (5) and (8) for provisions
comparable to the cited ULIS articles]
Pace Law School Institute of
International Commercial Law
- Last updated June 26, 1998