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Author Topic: Taking Delivery as a duty of the buyer according to CISG  (Read 7145 times)

ilter fatih korkut

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Taking Delivery as a duty of the buyer according to CISG
« on: May 23, 2009, 10:32:27 AM »
The buyer has two legs on the obligation of taking delivery: first he has to do all the acts which could be expected of him, and secondly take over the goods, mostly physically. There is no need for a request coming from the seller to buyer to take delivery.

Lookofsky approaches the subject from the view of contractual obligations. He says that art. 31 is about sellerís obligation to delivery, art. 60 is about buyerís obligation to take delivery. He finds the obligation of buyer to take delivery as a response to the sellerís obligation to delivery. He explains that it is about supplying and receiving goods, which the obligations of both parties are opposing, and says, thatís why he thinks that it is a contractual obligation . His explanation seems quite clear to make a logical explanation to find the obligation of the buyer to take delivery as a contractual obligation of the buyer.
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