Art. 48(2), (3) CISG 48–2 : A seller who has failed to perform a contractual obligation on time cannot force the buyer to accept late performance; however, under Art. 48(2) and (3) CISG, the buyer may, by its conduct, be held to late performance by the seller. Amtsgericht Nordhorn (Germany),

doi:10.4324/9780203945445-132

Chapter

ABSTRACT

There have been great diﬀerences of opinion among domestic legal systems concerning the question of the circumstances under which the buyer may avoid the contract in case of any non-conforming tender. In continental legal systems,