The Inapplicability of the United Nations Convention on the International Sale of Goods As a Model for the Revision of Article Two of the Uniform Commercial Code

Article by Henry D. Gabriel

The Uniform Commercial Code (UCC or the Code) and the United Nations Convention on the International Sale of Good (CISG) are similar in two important ways: they both seek uniformity in the law of sales, and they both are attempts to reflect modern commercial practices. Noting these two considerations, and because the CISG is more recent than the present UCC Article Two provisions on sales, it is natural to assume that the current revision process of Article Two would take cognizance of the CISG. Yet the CISG has had very little influence in the revision of Article Two. In this Article, I discuss why I believe this is so.


About the Author

Henry D. Gabriel. DeVan Daggett Professor of Law, Loyola University, New Orleans. Professor Gabriel is a Commissioner from Louisiana on the National Conference of Commissioners on Uniform State Laws, and in this position he has served since 1992 as a member of the National Conference of Commissioners on Uniform State Laws—American Law Institute Drafting Committee to Revise Article Two of the Uniform Commercial Code. He is also a member of the American Law Institute. All opinions are those of the author and do not necessarily reflect the views of the Article Two drafting committee, the reporters to the Committee, the National Conference of Commissioners on Uniform State Laws, or the American Law Institute.

Citation

72 Tul. L. Rev. 1995 (1998)