"The wording of Article 72(1) CISG corresponds almost exactly to that of Article 76 ULIS." Leser in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 533 [citations omitted]. Paragraphs (2) and (3) of CISG Article 72 are new.
CISG Article 72 ULIS Article 76 1. If prior to the date for Where prior to the date performance of the contract fixed for performance of the it is clear that one of the contract it is clear that one of parties will commit a the parties will commit a fundamental breach of fundamental breach of the contract, the other party may contract, the other party shall declare the contract avoided. have the right to declare the contract avoided. 2. If time allows, the party intending to declare the SEE ALSO: contract avoided must give reasonable notice to the other ULIS Article 48. The buyer may party in order to permit exercise the rights provided in him to provide adequate Articles 43 to 46, even before the assurance of his performance. time fixed for delivery, if it is clear that goods which would 3. The requirements of the be handed over would not be preceding paragraph do not in conformity with the contract. apply if the other party has declared that he will not perform his obligations.
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