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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

11
Article 10 [became CISG article 11 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. UNCITRAL text

1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:

"Article 10 [became CISG article 11 ]

"A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirements as to form. It may be proved by any means, including witnesses."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. An amendment was submitted to article 10 [became CISG article 11 ] by Canada (A/CONF.97/C.1/L.54/Rev. 1).

3. This amendment was to the following effect:

New paragraph (2).

Add a paragraph (2) reading as follows (revised version):

"Between the parties to a contract of sale evidenced by a written document, evidence by witnesses shall be inadmissible for the purposes of confuting or altering its terms, unless there is prima facie evidence resulting from a written document from the opposing party, from his evidence or from a fact the existence of which has been clearly demonstrated. However, evidence by witnesses shall be admissible for purposes of interpreting the written document."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 10 [became CISG article 11 ] at its 7th meeting on 14 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

5. At the 7th meeting, the amendment by Canada (A/CONF.97/C.1/L.54/Rev. 1) was rejected.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 11, go to Plenary Conference 6th meeting (continued)]

[E. Overview Comments]

[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]

(. . .)


Pace Law School Institute of International Commercial Law - Last updated September 8, 2000
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