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LEGISLATIVE HISTORY
CISG ANTECEDENTS
CISG Article 68 ULIS Article 99
The risk in respect of goods sold 1. Where the sale is of goods
in transit passes to the buyer in transit by sea, the risk shall
from the time of conclusion of be borne by the buyer as from
the contract. However, if the the time at which the goods
circumstances so indicate, the were handed over to the carrier.
risk is assumed by the buyer
from the time the goods were 2. Where the seller, at the time
handed over to the carrier who of the conclusion of the contract,
issued the documents embodying knew or ought to have known
the contract of carriage. that the goods had been lost or
Nevertheless, if at the time of had deteriorated, the risk shall
the conclusion of the contract remain with him until the time of
of sale the seller knew or ought the conclusion of the contract.
to have known that the goods
had been lost or damaged and
did not disclose this to the buyer,
the loss or damage is at the risk
of the seller.
Comments on the match-up
"Where the sale is of goods in transit by sea, Article 99 ULIS provides that the buyer is to bear the risk retroactively as from the time at which the goods were handed over to the carrier, except where the seller knew or ought to have known that the goods had been lost or had deteriorated. [Whereas the CISG provision applies] generally to all goods in transit, i.e. whether by sea or by land. [Also the rule on retroactive assumption of risk was changed so that, under the CISG] risk basically passes to the buyer only upon conclusion of the contract, but retroactive assumption of risk applies if the circumstances so indicate." Hager in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 509 [citations omitted].
Pace Law School Institute of
International Commercial Law
- Last updated June 29, 1998
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