Matchup of CISG Article 8 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents || Go to full text of CISG || Go to full text of ULIS || Go to full text of ULF

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 8                 ULIS Article 9(3) and 
                                        ULF Article 13(2)   
 
1. For purpose of this          Where expression, 
Convention statements           provisions or form of 
made by and other               contract commonly used 
conduct of a party are to       in commercial practice are 
be interpreted according        employed, they shall be 
are to his intent               interpreted according to the 
where the other party           meaning usually given to 
knew or could not               them in the trade concerned. 
have been unaware               [ULF Article 13(2) is identical]   
what that intent was.             
                                    
2. If the preceding 
paragraph is not 
applicable, statements 
made by and other 
conduct of a party are to 
be interpreted according 
to the understanding that 
a reasonable person of the 
same kind as the other party 
would have had in the same 
circumstances. 
 
3. In determining the intent 
of a party or the understanding 
a reasonable person would have 
had, due consideration is to be  
given to all relevant circumstances 
of the case including the 
negotiations, any practices  
which the parties have established  
between themselves, usages and 
any subsequent conduct of the 
parties. 
 
 
SEE ALSO: 
 
ULF Article 4(2). Th[e] communication [which one person  
addresses to one or more specific persons with the object of 
concluding a contract of sale] may be interpreted by  
reference to and supplemented by the preliminary negotiations, 
any practices which the parties have established between themselves, 
usage and any applicable legal rules for contracts of sale. 
 
ULF Article 5(3).  An indication that the offer is firm or
irrevocable 
may be express or implied from the circumstances, the preliminary 
negotiations, any practices which the parties have established 
between themselves or usage. 


Comments on the match-up

It has been said that "[t]he rules of interpretation laid down in Article 8 CISG have no direct predecessor in ULF or ULIS. Nevertheless, they can be traced back to experience gained with the rules of interpretation scattered throughout those two laws." Junge in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 69.


ULIS/ULF experience

Illustrative ULIS/ULF case law referred to below comes from the chapter on CISG Article 8 in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Claredon Press: Oxford 1998)

The author of this chapter is Werner Junge, Attorney, Bonn. [Bracketed] material following each case citation identifies the page of his chapter and the footnote he provides. Click here for schedule of abbreviations contained in his case citations.

Experience gained under ULIS/ULF rules of interpretation

The material we have excerpted pertains only to case law under the Uniform Law that preceded the CISG -- jurisprudence that parties have regarded as relevant because the CISG drafting process commenced with that Law. See the cited chapter of the Schlechtriem Commentary for a comprehensive analysis of CISG Article 8.


Pace Law School Institute of International Commercial Law - Last updated June 18, 1998
Comments/Contributions

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