The Buyer's Performance under the CISG: Articles 53-60 Trends in the Decisions
![handle is hein.journals/jlac25 and id is 281 raw text is: THE BUYER'S PERFORMANCE UNDER THE CISG: ARTICLES
53-60 TRENDS IN THE DECISIONS
Henry Deeb Gabriel*
The obligations of the buyer under the Convention on Contracts for the
International Sale of Goods (CISG) can be succinctly summarized as the
obligations to take the goods and to pay for the goods. In most respects, any
further qualification is a mere footnote or particularization of these two
obligations.
The buyer's obligations are set out in Articles 53 through 60 of the CISG.
In this paper, I discuss the trends in the cases that have developed in the
interpretation of these articles.
ARTICLE 53: THE BUYER'S OBLIGATION TO TAKE DELIVERY OF THE GOODS
AND PAY THE CONTRACT PRICE FOR THE GOODS
Article 53 describes the general responsibilities of the buyer in an
international sales transaction. This section recognizes the primacy of the
contract in defining the parties' obligations, and this article applies absent a
contractual agreement between the parties to the contrary. Under the CISG,
as with any law that governs the sale of goods, the primary obligations of the
buyer are those obligations that arise from the contract with other obligations
that arise from the underlying substantive law.'
Under Article 53 of the Convention, these obligations primarily include
taking delivery of the goods and paying the contract price.' Since the specifics
of these obligations are dealt with in other articles, Article 53 has created no
problems for the courts. Accordingly, the reported decisions have generally
only mentioned the obligations set forth in Article 53 in passing, and have
only stated the obvious point that the buyer does in fact have the obligation to
pay the price for the goods.
* DeVan Daggett Professor of Law, Loyola University, New Orleans.
I. This, of course, presupposes the existence of a binding agreement.
2. Article 53 provides: The buyer must pay the price for the goods and take delivery of them as
required by the contract and this Convention. United Nations Convention on Contracts for the
International Sale of Goods art. 53,U.N. Doc. A/CONF.97/18, Annex 1 (Apr. 11, 1980) [hereinafter CISG].](ViewImageLocal?handle=hein.journals/jlac25&div=24&collection=&method=preview&ext=.png&size=3)
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The Buyer's Performance under the CISG: Articles 53-60 Trends in the Decisions
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