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Art. 31/57 CISG–PECL, by Chengwei Liu [China]

Published online by Cambridge University Press:  20 October 2009

Chengwei Liu
Affiliation:
Attorney-at-Law, Global Law Office, Beijing
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

GENERAL: PLACE OF PERFORMANCE

a. The place where a party must perform a contractual obligation is important in a variety of contexts. In the Convention, of particular relevance are Articles 31 and 57, which, respectively, specify the place where goods are to be delivered and the place where payment is to be made. In particular, CISG Art. 31

covers three cases, numbered (a) to (c), or rather four cases, if we include the introduction to the article. The first case is that the seller is bound to deliver the goods at a particular place (the introduction). The three other cases (a, b, and c) presuppose that he is not so bound. Under rule (a), if the contract of sale involves carriage of the goods, delivery consists in handing the goods over to the first carrier for transmission to the buyer. The other two cases […] refer to two different situations in which the contract does not involve carriage of goods. The gist of rules (b) and (c) is that the goods are delivered at the seller's place of business.

Under CISG Art. 57(1),

[i]n the absence of agreement, payment must be made at the seller's place of business (Article 57(1)(a)). Where there is an agreement for immediate payment – ‘cash against documents’ – payment is to be made at the place where the goods or the documents are transferred (Article 57(1)(b)). In a sale involving carriage, if immediate payment has not been agreed upon, the seller's place of business remains the place of payment.

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  • Art. 31/57 CISG–PECL, by Chengwei Liu [China]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.056
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  • Art. 31/57 CISG–PECL, by Chengwei Liu [China]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.056
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Art. 31/57 CISG–PECL, by Chengwei Liu [China]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.056
Available formats
×