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Art. 17 CISG–PECL, by Cecilia Carrara [Italy] & Joachim A. Kuckenburg [Germany]

Published online by Cambridge University Press:  20 October 2009

Cecilia Carrara
Affiliation:
Research Fellow, CERADI – Luiss Guido Carli University in Rome; Italian attorney, counsel to Macchi Cellere Gangemi
Joachim Kuckenburg
Affiliation:
German attorney, Paris law firm De Busschère Kuckenburg
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

INTRODUCTION

Art. 17 CISG forms part of the set of rules (Arts. 15 to 18 CISG) that provide the grounds upon which the offeror, after having dispatched his offer, may be freed from the binding effects of his offer and therefore reallocate the resources committed. Before the offer has reached the offeree, the offeror may withdraw the offer (Art. 15(2) CISG). Arts. 16 to 18 CISG contemplate actions that can be taken after the offer has reached the offeree: the offeror may revoke the offer unless it is irrevocable (Art. 16). The offeror is also freed from his offer upon the expiration of the time for its acceptance (Art. 18(2), 2nd and 3rd sentences CISG). Art. 17 CISG further foresees, as a cause of termination of the offer, an initiative emanating from the offeree (i.e., the rejection of the offer).

Art. 2:203 PECL, in almost identical terms as Art. 17 CISG, regulates the same issue. There are two minor differences in the wording:(1) Art. 17 CISG contains the clarification that the general rule, whereby the offer terminates when the rejection reaches the offeror, applies also if the offer is irrevocable, and (2) Art. 17 CISG uses the word “terminate” as opposed to the term “lapse” in Art. 2:203 PECL. This second difference is of no significance, because no regulatory difference may be inferred from the use of the words “terminate” or “lapse.”

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