Book contents
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
Published online by Cambridge University Press: 20 October 2009
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Summary
INTRODUCTION
This chapter addresses the powerful effects of CISG Article 17, perhaps the shortest Article of the CISG, and puts its utility into perspective. This utility is informed by other CISG Articles and UNIDROIT Principles, as described and referenced here.
CISG Article 17 provides the following: “[a]n offer, even if irrevocable, is terminated when a rejection reaches the offeror.” Accordingly, it is seemingly misplaced in its setting within Articles that benefit the offeror in the formation of the contract. Those Articles, CISG Articles 15 through 18, provide 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 (CISG Article 15(2)). CISG Articles 16 and 18 contemplate actions that can be taken after the offer has reached the offeree: the offeror may revoke the offer unless it is irrevocable (CISG Article 16). The offeror is also freed from his offer upon the expiration of the time for its acceptance (CISG Article 18(2)).
CISG Article 17, however, foresees as a cause of termination of the offer an initiative emanating from the offeree (i.e., the rejection of the offer) and as such is an obvious offeree benefit. Further, even though irrevocable, the offeree may still reject the offer, an option not allowed the offeror regarding an irrevocable offer (CISG Article 16). Herein lies much of CISG Article 17's power.
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- Publisher: Cambridge University PressPrint publication year: 2007