Art. 49 CISG
(1) The buyer may declare the contract avoided:
(2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so:
The Secretariat Commentary on Art. 45 of the 1978 New York Draft, predecessor to Art. 49 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.
CISG-AC Opinion regarding Art. 49 CISG
CISG-AC Opinion No. 5 ‘The Buyer's Right to Avoid the Contract in Case of Non-conforming Goods or Documents’ (Rapporteur: Ingeborg Schwenzer), adopted by the CISG Advisory Council at its 9th meeting in Philadelphia (USA) in 2005
Overview of case law on Art. 49 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.
- Relationship between seller's right to cure (Art. 48 CISG) and buyer's right to avoid the contract (Art. 49 CISG)
To gain insight how case law interprets whether the buyer's right to avoid the contract is limited by the seller's right to cure under Art. 48 CISG see the page on the relationship between the seller's right to cure (Art. 48 CISG) and the buyer's right to avoid the contract (Art. 49 CISG).