Cure after date for delivery: Remarks on the manner in which the UNIDROIT Principles may be used to interpret or supplement Article 48 of the CISG

Article 48 is the middle of a trinity of articles that are arguably among the most significant provisions in the Convention. The other two provisions are Articles 47 and 49. Article 48 is in many ways an unremarkable article. The basic premise of the provision is simple – a seller can remedy any of its obligations even after the time of delivery provided he does so without unreasonable delay or inconvenience to the buyer. The philosophy of this article fits neatly within the broader intentions of the CISG to keep contracts “on-foot.” Article 7.1.4 of the UNIDROIT Principles (UNIDROIT) is grounded in the same philosophy. As Bertram Keller notes in his editorial remarks to CISG Article 37, the civil law tradition has been generally less familiar with the notion of a right to cure, and its inclusion in UNIDROIT does indeed “encourage the world wide acceptance of a general right to cure.” However, there are some critical differences in the approach and effect of CISG Article 48 and UNIDROIT Article 7.1.4. This chapter focuses principally on the literal and structural differences between CISG Article 48 and UNIDROIT Article 7.1.4.