Abstract

The specific provisions in chapters 2 to 4 in regard to the obligations of seller and buyer, the remedies available in case of a breach of those obligations, and the passing of the risk are supplemented by general provisions, that means provisions applicable to the buyer as well as to the seller. However, these general provisions are spread between chapter 1 (Articles 25–29 CISG) and chapter 5 (Articles 71–88 CISG).2 Under the heading General Provisions chapter 1 contains quite diverse provisions, whereas chapter 5 has six Sections regulating Common Obligations of Seller and Buyer. If the CISG had followed, the division of general and subject matter specific provisions in a strictly systematic manner, the provisions of chapters 1 and 5 should have preceded chapters 2 to 4. The following discussion of Part III follows the structure of the CISG. However, to be able to fully appreciate Articles 25 to 28 CISG in chapter 1, it is necessary to first give a summary about the remedies available in the CISG.

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