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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]

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23
Article 21 [became CISG article 23 ]

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 21

"A contract is concluded at the moment when an acceptance of an offer is effective in accordance with the provisions of this Convention."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. Amendments were submitted to article 21 [became CISG article 23 ] by Italy (A/CONF.97/C.1/L.70), Czechoslovakia (A/CONF.97/C.1/L.78), Belgium (A/CONF.97/C.1/L.89) and Canada (A/CONF.97/C.1/L.112).

3. These amendments were to the following effect:

(i) Italy (A/CONF.97/C.1/L.70):

Revise article 21 [became CISG article 23 ] to read as follows:

"A contract is concluded at the moment when and in the place where an acceptance of an offer is effective in accordance with the provisions of the Convention."

[Rejected: see Consideration, 5, below.]

(ii) Belgium (A/CONF.97/C.1/L.89):

First (existing) paragraph (for the French text only):

Remplacer "conclu" par "formé" dans le texte français du paragraphe (1).

Additional paragraph (2).

(iii) Czechoslovakia (A/CONF.97/C.1/L.89):

Add a new paragraph (2):

"Where an offer requires to be accepted in writing, the acceptance is effective only if the written form is observed."

[Rejected: see Consideration, 5, below.]

(iv) Belgium (A/CONF.97/C.1 /L.89):

Add a new paragraph (2) to read as follows:

"Nevertheless, when the contract depends on the granting of public or administrative authorizations, the contract is concluded only from the moment these authorizations have been granted."

[Rejected: see Consideration, 5, below.]

(v) Canada (A/CONF.97/C.1/L.112):

Add a new paragraph (2) to read as follows:

"A contract may be concluded even though the moment of its conclusion may be undetermined."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 21 [became CISG article 23 ] at its 11th meeting on 18 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

5. At the 11th meeting, the amendments by Italy (A/CONF.97/C.1/L.70), Czechoslovakia (A/CONF.97/C.1/L.78) and Canada (A/CONF.97/C.1/L.112) were rejected. The amendment by Belgium (A/CONF.97/C.1/L.89) to add a new paragraph (2) was also rejected. The amendment by Belgium (A/CONF.97/C.1/L.89 relating to the French text only) was referred to the Drafting Committee, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 23, go to Plenary Conference 7th meeting]

[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]

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