Art. 28 CISG

If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this Convention.



Secretariat Commentary

The Secretariat Commentary on Art. 26 of the 1978 New York Draft, predecessor to Art. 28 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.


Overview of case law on Art. 28 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.


Case law applying Art. 28 CISG:

Czech Republic
Styles v. Movie Star Muscle Cars, Inc. et al.
Circuit Court of the 17th Judicial Circuit (Broward County) of the State of Florida
USA, 18 January 2017 – 09-043833 CACE (07), CISG-online 4684
Buyer sued for the delivery of a vintage car (a "1969 1/2 A12 Superbee") he had bought from seller, who refused to hand the car over. The District Court applied Art. 28 CISG, but entered a judgment for specific performance because it also would have granted specific performance under Florida State law.