CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 31 |
A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments
1. The text of the [1978 draft of the ] United Nations Commission on International Trade Law provided as follows:
"Article 29 [became CISG article 31 ]
"If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver consists:
"(a) If the contract of sale involves carriage of the goods -- in handing the goods over to the first carrier for transmission to the buyer;
"(b) if, in cases not within the preceding subparagraph, the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place -- in placing the goods at the buyer's disposal at that place;
"(c) in other cases -- in placing the goods at the buyer's disposal at the place where the seller had his place of business at the time of the conclusion of the contract."
[Go to Secretariat Commentary on the above text]
[See also pre-Conference observations and proposals by Governments and International Organizations]
2. Amendments were submitted to article 29 [became CISG article 31 ] by Iraq (A/CONF.97/C.1/L.107) and Netherlands (A/CONF.97/C.1/L.120).
3. These amendments were to the following effect:
(i) Iraq (A/CONF.97/C.1/L.107):
Re-word article 29 [became CISG article 31 ], subparagraph (a) as follows:
"(a) if the contract of sale involves carriage of the goods -- in handing the goods over to the first carrier for transmission to the place indicated by the buyer, or, if no such place is indicated, to the buyer's place of business. "
[Rejected: see Consideration, 5, below.]
(ii) Netherlands (A/CONF.97/C.1/L.120):
[Withdrawn: see Consideration, 5, below.]
C. Proceedings in the First Committee
(i) Meetings
4. The First Committee considered article 29 [became CISG article 31 ] at its 14th meeting on 19 March 1980 [see also 36th meeting of First Committee].
(ii) Consideration
5. At the 14th meeting, the amendment by the Netherlands (A/CONF.97/C.1/L.120) was withdrawn. The amendment by Iraq (A/CONF.97/C.1/L.107) was rejected, and the UNCITRAL text was adopted.
[For subsequent Conference material on the development/approval of the final text of CISG article 31, go to Plenary Conference 7th 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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Pace Law School Institute of
International Commercial Law
- Last updated September 8, 2000