LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 48 with ULIS provisions

     CISG Article 48                          ULIS Article 44(1)
                                               
1. Subject to article 49, the seller    In cases not provided for 
may, even after the date for            in Article 43, the seller shall 
delivery, remedy at his own             retain, after the date fixed for
expense any failure to perform          the delivery of the goods, the 
his obligations, if he can do so        right to deliver any missing 
without unreasonable delay and          part or quantity of the 
without causing the buyer               goods or to deliver other 
unreasonable inconvenience or           goods which are in conformity 
uncertainty of reimbursement by         with the contract or to 
the seller of expenses advanced         remedy any defect in the goods 
by the buyer.  However, the             handed over, provided that 
buyer retains any right to claim        the exercise of this right 
damages as provided for in this         does not cause the buyer either 
Convention.                             unreasonable inconvenience 
                                        or unreasonable expense. 
 
2. If the seller requests the buyer to make known whether he will  
accept performance and the buyer does not comply with the 
request within a reasonable time, the seller may perform within  
the time indicated in his request.  The buyer may not, during that 
period of time, resort to any remedy which is inconsistent with 
performance by the seller. 
 
3. A notice by the seller that he will perform within a specified 
period of time is assumed to include a request, under the preceding 
paragraph, that the buyer make known his decision. 
 
4. A request or notice by the seller under paragraph (2) or (3) 
of this article is not effective unless received by the buyer.

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