Matchup of CISG Article 11 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 11              ULIS Article 15 and  ULF Article 3   
 
A contract of sale need not              ULIS Article 15 
be concluded in or evidenced   
by written and is not subject      A contract of sale need not  
to any other requirement as        be evidenced by writing and 
to form.  It may be proved         shall not be subject to any 
by any means, including            other requirements as to form. 
witnesses.                         In particular, it may be proved 
                                   by means of witnesses. 
 
                                           ULF Article 3 
 
                                   An offer or an acceptance need 
                                   not be evidenced by writing and 
                                   shall not be subject to any other 
                                   requirement as to form.  
                                   In particular, they may be proved 
                                   by means of witnesses. 


Comments on the match-up

CISG Article 11 and ULIS Article 15/ULF Article 3 are substantially identical. "The principle of freedom from requirements as to form in commercial transactions had become established in the Hague Conventions . . . Although the principle was ultimately accepted by a majority at the Vienna Conference, provision was made, as a compromise, for states with requirements as to form to enter a reservation. The rules of that compromise are contained in Articles 12 and 96 of the Convention. If a party has his place of business in a reservation state, then the private international law of the forum decides which domestic law governs the issue of requirements as to form; the reservation state's rules on formal requirements do not automatically apply." Schlechtriem in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 84-85 [citations omitted].


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