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Published in J. Herbots editor / R. Blanpain general editor, International Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.

[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]

excerpt from

The 1980 United Nations Convention on Contracts
for the International Sale of Goods

Joseph Lookofsky

Article 59
Payment Due Without Request or Formality

248. Under some domestic rules, a party may not recover damages for delayed payment without first having made a formal demand (mise en demeure ).[1] There is no corresponding principle in the CISG. In fact, the buyer must pay the price on the date fixed or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller.[2]

1. See, e.g. Herbots, J., The Belgian Law of Contracts, par. 404, in International Encyclopedia of Contracts.
2. Article 69.
[page 133]

Pace Law School Institute of International Commercial Law - Last updated April 5, 2005