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LEGISLATIVE HISTORY
CISG ANTECEDENTS
CISG Article 58 ULIS Article 71
1. If the buyer is not bound to Except as otherwise
pay the price at any other provided in Article 72,
specific time, he must pay it delivery of the goods and
when the seller places either payment of the price shall
the goods or documents be concurrent conditions.
controlling their disposition Nevertheless, the buyer
at the buyer's disposal in shall not be obliged to pay
accordance with the contract the price until he has had an
and this Convention. The seller opportunity to examine the
may make such payment a goods.
condition for handling over
the goods or documents.
ULIS Article 72
2. If the contract involves
carriage of the goods, the 1. Where the contract involves
seller may dispatch the goods carriage of the goods and where
on terms whereby the goods, delivery is, by virtue of paragraph 2
or documents controlling their of Article 19, effected by handing
disposition, will not be handed over the goods to the carrier,
over to the buyer except against the seller may either postpone
payment of the price. despatch of the goods until he
receives payment or proceed to
3. The buyer is not bound to pay despatch them on terms that
the price until he has had an reserve to himself the right of
opportunity to examine the goods, disposal of the goods during
unless the procedures for delivery transit. In the latter case, he may
or payment agreed upon by the require that the goods shall not
parties are inconsistent with his be handed over to the buyer
having such an opportunity. at the place of destination except
against payment of the price and
the buyer shall not be bound to
pay the price until he has had an
opportunity to examine the goods.
2. Nevertheless, when the contract
requires payment against documents,
the buyer shall not be entitled to refuse
payment of the price on the ground
that he has not had the opportunity to
examine the goods.
Comments on the match-up
"The rules governing the time of payment and the principle that payment and the handing over the goods are concurrent conditions are set out in different articles of ULIS (Article 60 and Articles 71 and 72). The Working Group altered that approach in two respects. First, there was a departure from ULIS' central concept of 'delivery'. The obligation to pay the price arose when the goods were placed at the buyer's disposal. Secondly, since the time of payment and the principle of payment concurrently with the placing of the goods at the buyer's disposal were interconnected, they were brought within one rule. The seller's right to postpone dispatch of the goods until he receives payment (Article 72(1) ULIS) was dropped. It conflicted with usage in a number of countries." Hager in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 41 [citations omitted].
Pace Law School Institute of
International Commercial Law
- Last updated June 22, 1998
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