LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG Article 45 with ULIS provisions

     CISG Article 45                     ULIS Article 24
  
1. If the seller fails to perform    1. Where the seller fails 
any of his obligations under         to perform his obligations 
the contract or this Convention,     as regards the date or the 
the buyer may:                       place of delivery, the buyer 
                                     may, as provided in Articles 
 (a) exercise the rights provided    25 to 32: 
     in articles 46 to 52;    
                                       (a) require performance of 
 (b) claim damages as provided             the contract by the seller; 
     in articles 74 to 77.     
                                       (b) declare the contract avoided. 
2. The buyer is not deprived of 
any right he may have to claim       2. The buyer may also claim 
damages by exercising his right      damages as provided in Article 
to other remedies.                   82 or in Articles 84 to 87. 
 
3. No period of grace may be         3. In no case shall the seller be 
granted to the seller by a court     entitled to apply to a court or 
or arbitral tribunal when the        arbitral tribunal to grant him a 
buyer resorts to a remedy for        a period of grace. 
breach of contract.          
 
SEE ALSO: 
 
ULIS Article 41  
 
1. Where the buyer has given due notice to the seller of the 
failure of the goods to conform with the contract, the 
buyer may, as provided in Article 42 to 46: 
 
    (a) require performance of the contract by the seller; 
 
    (b) declare the contract avoided; 
 
    (c) reduce the price. 
 
2. The buyer may also claim damages as provided in Article 82 
or in Articles 84 to 87. 

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