LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG Article 86 with ULIS provisions

"[CISG] Article 86 largely follows Article 92 ULIS, with some points being clarified (inter alia, that steps must be reasonable 'in the circumstances'), and a third sentence inserted in Article 86(2)." Eberstein in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 671 [citations omitted].

     CISG Article 86                  ULIS Article 92
                                                
1. If the buyer has received      1. Where the goods have been 
the goods and intends to          received by the buyer, he shall 
exercise any right under the      take reasonable steps to preserve 
contract or this Convention       them if he intends to reject them; 
to reject them, he must take      he shall have the right to retain 
such steps to preserve them       them until he has been reimbursed 
as are reasonable in the          his reasonable expenses by the 
circumstances.  He is             seller. 
entitled to retain them until 
he has been reimbursed his        2. Where goods dispatched to the 
reasonable expenses by the        buyer have been put at his 
seller.                           disposal at their place of 
                                  destination and he exercises the 
2. If the goods dispatched        right to reject them, he shall be 
to the buyer have been            bound to take possession of 
placed at his disposal at         them on behalf of the seller, 
their destination and he          provided that this may be done 
exercises the right to reject     without payment of the price and 
them, he must take possession     without unreasonable inconvenience 
of them on behalf of the seller   or unreasonable expense.  This 
provided that this can be done    provision shall not apply where 
without payment of the price      the seller or a person authorized 
and without unreasonable in-      to take charge of the goods on 
convenience or unreasonable       his behalf is present at such 
expense.  This provision does     destination. 
not apply if the seller or a 
person authorized to take  
charge of the goods on his 
behalf is present at the  
destination.  If the buyer takes 
possession of the goods 
under this paragraph, his rights 
and obligations are governed  
by the preceding paragraph.          

Go to Database Directory || Go to CISG Table of Contents