Art. 26 CISG

A declaration of avoidance of the contract is effective only if made by notice to the other party.



Secretariat Commentary

The Secretariat Commentary on Art. 24 of the 1978 New York Draft, predecessor to Art. 26 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.



Overview of case law on Art. 26 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.


Interpretation of Art. 26 CISG: Selected issues discussed in case law

  • Are implicit declarations of avoidance possible?


Czech Republic
Mercedes Maybach case
Oberster Gerichtshof (Austrian Supreme Court)
Austria, 05 July 2019 – 4 Ob 110/19h, CISG-online 4509
A declaration of contract avoidance under Art. 49(1) CISG can be made implicitly. The buyer initiating court proceedings directed at repayment of the contract price against the seller constitutes an implicit contract avoidance