LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 72 with ULIS provisions

"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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