Question Q 16-1 With respect to the diﬀerent approaches, which one does the CISG prefer? 3. Drafting history The problem addressed under Art. 16 CISG as to when an oﬀer becomes binding was one of the most diﬃcult questions in the uniﬁcation of the sales law. Reconciling the various national pre-conceptions (mentioned above) proved to be a diﬃcult task. In the ﬁnal version, a compromise was reached, albeit at the cost of clarity. The common law theory that a mere oﬀer is not binding is reﬂected in Art. 16(1) CISG. Romanic and common law legal systems, in particular, were duly considered by the inclusion of Art. 16(2) CISG, which provides for certain exceptions to the right to revoke. Art. 16(1) CISG : According to Art. 16(1) CISG, the right to revoke an oﬀer terminates when the oﬀeree has dispatched an acceptance. CISG-Advisory Council Opinion No. 1, Electronic Communications under CISG:

doi:10.4324/9780203945445-72

Chapter

Question Q 16-1 With respect to the diﬀerent approaches, which one does the CISG prefer? 3. Drafting history The problem addressed under Art. 16 CISG as to when an oﬀer becomes binding was one of the most diﬃcult questions in the uniﬁcation of the sales law. Reconciling the various national pre-conceptions (mentioned above) proved to be a diﬃcult task. In the ﬁnal version, a compromise was reached, albeit at the cost of clarity. The common law theory that a mere oﬀer is not binding is reﬂected in Art. 16(1) CISG. Romanic and common law legal systems, in particular, were duly considered by the inclusion of Art. 16(2) CISG, which provides for certain exceptions to the right to revoke. Art. 16(1) CISG

Chapter

Question Q 16-1 With respect to the diﬀerent approaches, which one does the CISG prefer? 3. Drafting history The problem addressed under Art. 16 CISG as to when an oﬀer becomes binding was one of the most diﬃcult questions in the uniﬁcation of the sales law. Reconciling the various national pre-conceptions (mentioned above) proved to be a diﬃcult task. In the ﬁnal version, a compromise was reached, albeit at the cost of clarity. The common law theory that a mere oﬀer is not binding is reﬂected in Art. 16(1) CISG. Romanic and common law legal systems, in particular, were duly considered by the inclusion of Art. 16(2) CISG, which provides for certain exceptions to the right to revoke. Art. 16(1) CISG

ABSTRACT

According to Art. 16(1) CISG, the right to revoke an oﬀer terminates when the oﬀeree has dispatched an acceptance.

CISG-Advisory Council Opinion No. 1, Electronic Communications under CISG:

[. . .]

CISG Art. 16(1) [. . .]

OPINION In case of electronic communications the term “reaches” corresponds to the point in time when an electronic communication has entered the offeree’s server. An offer may be revoked if the revocation enters the offeree’s server before the offeree has dispatched an acceptance. A prerequisite is that the offeree has consented, expressly or impliedly, to receiving electronic communications of that type, in that format, and to that address. In electronic communications the term “dispatch” corresponds to the point in time when the acceptance has left the offeree’s server. The offeror may revoke the offer by sending a revocation that enters the offeree’s server before the offeree’s acceptance leaves the offeree’s server. A prerequisite is that the offeror has consented, expressly or impliedly, to receiving electronic communications of that type, in that format and to that address.