LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

12, 96

Article 11 [became CISG article 12 ] and (X) [became CISG article 96 ]

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

A. UNCITRAL text [of article 11 ] [became CISG article 12 ] and text of article (X) [became CISG article 96 ]

1. The Committee considered together article 11 [became CISG article 12 ] of the text of the United Nations Commission on International Trade Law, and article (X) [became CISG article 96 ] of the draft articles concerning implementation, declarations, reservations and other final clauses prepared by the Secretary-General (A/CONF.97/6).

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

"Article 11 [became CISG article 12 ]

"Any provision of article 10 [became CISG article 11 ], article 27 [became CISG article 29 ] or Part II of this Convention that allows a contract of sale or its modification or abrogation or any offer, acceptance, or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in a Contracting State which has made a declaration under article (X) of this Convention [became CISG article 96 ]. The parties may not derogate from or vary the effect of this article."

[Go to Secretariat Commentary on the above text]

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

3. The text prepared by the Secretary-General provided as follows:

"Article (X) [became CISG article 96 ]

"Declarations relating to contracts in writing

"A Contracting State whose legislation requires a contract of sale to be concluded in or evidenced by writing may at the time of signature, ratification or accession make a declaration in accordance with article 11 [became CISG article 12 ] that any provision of article 10 [became CISG article 11 ], article 27 [became CISG article 29 ], or Part II of this Convention, which allows a contract of sale or its modification or abrogation or any offer, acceptance, or other indication of intention to be made in any form other than in writing shall not apply where any party has his place of business in a Contracting State which has made such a declaration."

B. Amendments

4. Amendments were submitted to article 11 [became CISG article 12 ] and article (X) [became CISG article 96 ] by the Union of Soviet Socialist Republics (A/CONF.97/C.1/L.35) and Austria (A/CONF.97/C.1 /L.42).

5. An amendment was submitted to article 11 [became CISG article 12 ] by the Netherlands (A/CONF.97/C.1/L.71).

6. Amendments were submitted to article (X) [became CISG article 96 ] by the Netherlands (A/CONF.97/C.1/L.76), the United Kingdom (A/CONF.97/C.1/L.88) and the Federal Republic of Germany (A/CONF.97/C.1/L.96).

7. These amendments were to the following effect:

Article 11 [became CISG article 12 ] and article (X) [became CISG article 96 ].

(i) Union of Soviet Socialist Republics (A/CONF.97/C.1/L.35):

(ii) Austria (A/CONF.97/C.1/L.42):

[Rejected: see Consideration, 9, below.]

Article 11 [became CISG article 12 ].

(iii) Netherlands (A/CONF.97/C.1/L.71):

Article (X) [became CISG article 96 ].

(iv) Netherlands (A/CONF.97/C.1/L.76):

(v) United Kingdom (A/CONF.97/C.1/L.88):

1. Insert after the word "ratification" in the second line of article (X) [became CISG article 96 ] the words "acceptance, approval".

2. Replace the words "a Contracting State" in the last line by the words "the Contracting State".

(vi) Federal Republic of Germany (A/CONF.97/C.1/L.96):

C. Proceedings in the First Committee

(i) Meetings

8. The First Committee considered article 11 [became CISG article 12 ] and article (X) [became CISG article 96 ] at its 8th meeting on 17 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

Article 11 [became CISG article 12 ] and article (X) [became CISG article 96 ].

9. At the 8th meeting, the amendment by the Union of Soviet Socialist Republics (A/CONF.97/C.1/L.35) was withdrawn, and the amendment by Austria (A/CONF.97/C.1/L.42) was rejected.

Article 11 [became CISG article 12 ].

10. At the 8th meeting, the amendment by the Netherlands (A/CONF.97/C.1/L.71) was referred to the Drafting Committee, and the UNCITRAL text adopted.

Article (X) [became CISG article 96 ].

11. At the 8th meeting the amendment by the Netherlands (A/CONF.97/C.1/L.76) was rejected by a vote of 11 in favour and 16 against. The amendments by United Kingdom (A/CONF.97/C.1/L.88) and the Federal Republic of Germany (A/CONF.97/C.1/L.96) were referred to the Second Committee for consideration in relation to article (X) [became CISG article 96 ].

[For subsequent Conference material on the development/approval of the final text of CISG article 12, go to Plenary Conference 6th meeting (continued)]

[For subsequent Conference material on the development/approval of the final text of CISG article 96, go to Second Committee 2nd meeting and 3rd meeting, and Plenary Conference 11th meeting]

[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]

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