Practitioner's Guide to the CISG - Hardcover
Practitioner's Guide to the CISG - Electronic
§ 5.1 Overview
The provisions in this section of the CISG form a comprehensive
set of rules which govern all aspects of the seller’s performance,
including the buyer’s obligation to examine and notify the seller of
any defects regarding the seller’s performance. Together, these
articles set out the seller’s duties and the implied terms which his
obligations are subject to, as well as the buyer’s remedies for any
breach by the seller (treated in Chapter 5).
The seller’s obligations are outlined in Articles 30–37 and 41–43,
and supplement the contract of sale to the extent that they fill any
gaps in the contract by determining aspects of the sale which the
contract has not determined. Aspects like time and place of delivery,
and the practical effect of handing over documents to a carrier, are
set out here, but will always be subject to the contract. Central to this
part of the CISG is Article 35, which governs the implied terms for
goods regarding quality and fitness for purpose (general or specific).
It may seem surprising to find a set of rules for the buyer’s
conduct placed in this section of the CISG—especially given the
importance of these rules. But as they pertain to the seller’s
obligation to deliver conforming goods, Articles 38, 39, 40 and 44
regarding examination and notification are to be found here. These
rules are vital to any case involving delivery of alleged nonconforming
goods, as the consequences of a failure to notify of nonconformity
may be a complete loss of remedy. In other words,
without compliance with these rules on examining the goods and
notifying about non-conformity in time and in the right way, the
buyer may retain no right to any remedy, even if there clearly is a
§ 5.2 Commentary
§ 5.2.1 Article 30: Legal basis for seller’s liability
The seller must deliver the goods, hand over any documents
relating to them and transfer the property in the goods, as required
by the contract and this Convention.
Full Table of Contents from "Practitioner's Guide to the CISG"
Dr. Camilla Baasch Andersen initially did her law degree (a Danish Cand. Jur.) at University of Copenhagen in her native Denmark, where she went on to become a research/teaching fellow until relocating to England. Before joining the faculty at University of Leicester in 2005, Dr Andersen was Lecturer in Commercial Law at the Centre for Commercial Law Studies at Queen Mary, University of London. She completed her PhD at Aarhus School of Business (now part of Aarhus University) in 2006, on the uniform application of the CISG. She still occasionally lectures at University of London at the School of Oriental and African Studies, in Comparative Commercial Law and International Trade Law. She is also the trade law expert on the International Trade Law section on the Lord Chancellors Training Scheme for Chinese Lawyers for the British Council. She has worked with the CISG Advisory Council, and has recently been appointed National Reporter for the UK at the Intermediate Congress of the International Academy of Comparative Law.