Art. 84 CISG

(1) If the seller is bound to refund the price, he must also pay interest on it, from the date on which the price was paid.

(2) The buyer must account to the seller for all benefits which he has derived from the goods or part of them:

(a) if he must make restitution of the goods or part of them; or

(b) if it is impossible for him to make restitution of all or part of the goods or to make restitution of all or part of the goods substantially in the condition in which he received them, but he has nevertheless declared the contract avoided or required the seller to deliver substitute goods.

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Secretariat Commentary

The Secretariat Commentary on Art. 69 of the 1978 New York Draft, predecessor to Art. 84 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. 58

CISG-AC Opinion regarding Art. 84 CISG

CISG-AC Opinion No. 9 ‘Consequences of Avoidance of the Contract’ (Rapporteur: Michael Bridge), adopted by the CISG Advisory Council following its 12th meeting in Tokyo (Japan) on 15 November 2008

Overview of case law on Art. 84 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. 84 CISG