Art. 12 CISG

Any provision of article 11, article 29 or Part II of this Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in a Contracting State which has made a declaration under article 96 of this Convention. The parties may not derogate from or vary the effect of this article.

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Secretariat Commentary

The Secretariat Commentary on Art. 11 of the 1978 New York Draft, predecessor to Art. 12 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.

Commentary on the Draft Convention on Contracts for the International Sale of Goods, prepared by the Secretariat (UN Doc. A/CONF.97/5), in: United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March – 11 April 1980, Official Records: Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committees, New York: United Nations (1991), pp. 14 et seq., at p. 20

CISG-AC Opinion regarding Art. 12 CISG

CISG-AC Opinion No. 15 ‘Reservations under Articles 95 and 96 CISG’ (Rapporteur: Ulrich G. Schroeter), adopted by the CISG Advisory Council following its 18th meeting in Beijing (China) on 21 and 22 October 2013

Overview of case law on Art. 12 CISG: UNCITRAL Digest

The UNCITRAL Digest on the CISG can be used as a starting point to discover the relevant case law on this article.

2016 UNCITRAL Digest of case law on Art. 12 CISG