Practitioner's Guide to the CISG - Hardcover
Practitioner's Guide to the CISG - Electronic
§ 7.1 Overview
Articles 53-60 of the CISG deal with the buyer’s obligations.
More specifically, they deal with the buyer’s principal obligations,
namely the duty to pay for the goods and the duty to take delivery
of the goods. While these two requirements form the core of the
buyer’s obligations under a contract, it must be remembered that the
buyer is also subject to two separate duties in the sales transaction,
namely to examine the goods and to notify the seller of nonconformities.
Article 53 forms the legal basis for these two principal
obligations. The determination of how they are to be interpreted, in
the absence of any specific contractual determination or any
established trade usage or customary use (in accordance with
Articles 6 and 9) is laid out in Articles 54-60.
The majority of the provisions deal with the payment of the
price. Article 54 deals with ancillary obligations to ensure payment is
made, and ensures that the buyer must not just make payment but
must take any steps necessary to allow it to be made; i.e., the buyer has
an obligation not just to write a cheque, but to ensure there are funds
in the account to allow the cheque to facilitate payment to the seller.
Articles 55 and 56 assist in determining how to fix the price.
Article 56 appoints net weight as the decisive factor in determining
price where this price is agreed by weight, but—of course—subject
to other agreements or trade practices. Article 55 allows for the
determination of price by ordinary value if there is an open-price
contract; this is an apparent paradox under the CISG in view of
Article 14, which is dealt with below.
Articles 57 and 58 deal with the determination of time and place
of payment, but always subject to specific language in the agreement
determining otherwise, or reasonably discernible intent determining
otherwise, or established trade customs (Articles 6, 8 and 9).
Article 60 deals with the buyer’s duty to take delivery of the
goods, and ensures the buyer’s duty to cooperate with the seller in
allowing the seller to fulfil his obligation to deliver the goods.
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.