a. In the words of Art. 37 CISG, the seller may cure a “lack of conformity … before the date for delivery.” Once the date of delivery has passed, the limitations of Art. 48 CISG apply. For documents, Art. 34 CISG applies as lex specialis. Unlike the CISG, the UNIDROIT Principles (UP) stipulate one general right to cure in Art. 7.1.4 regardless of object or time. Any interpretation of Art. 37 CISG in light of Art. 7.1.4 UP must take into consideration that the norm is only one part of the curing constructions provided by the CISG.

b. The legal history of Art. 37 CISG stretches from the nearly equivalent Art. 37 ULIS to the first codified right to cure in Sec. 2–508 UCC. In particular the civil law tradition is less familiar with the seller's right to “tender a second time” as the seller gave the goods autonomously outside his disposal power. However, the stated aim of CISG and UNIDROIT Principles is to find concepts that transcend legal traditions. As part of an “International Restatement of Contract Law” Art. 7.1.4 UP encourages the worldwide acceptance of a general right to cure.

c. Comparing the legal context of Art. 37, the provisions in Art. 52(1) and Art. 72 CISG are relevant for the system of early performance. Whereas under Art. 52(1) CISG the buyer may deliberately refuse to take any early delivery, Art. 6.1.5 UP restricts this right if he “has no legitimate interest in so doing.”