LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

36	Article 34 [became CISG article 36 ]

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

A. UNCITRAL text

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

"Article 34 [became CISG article 36 ]

"(1) The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time.

"(2) The seller is also liable for any lack of conformity which occurs after the time indicated in paragraph (1) of this article and which is due to a breach of any of his obligations, including a breach of any express guarantee that the goods will remain fit for their ordinary purpose or for some particular purpose, or that they will retain specified qualities or characteristics for a specific period."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. Amendments were submitted to article 34 [became CISG article 36 ] by Turkey (A/CONF.97/C.1/L.122), Norway (A/CONF.97/C.1/L.105) and Pakistan (A/CONF.97/C.1/L.147).

3. These amendments were to the following effect:

Paragraph (1).

Turkey (A/CONF.97/C.1/L.122):

Paragraph (2).

(i) Norway (A/CONF.97/C.1/L.105):

(ii) Pakistan (A/CONF.97/C.1/L.147):Revise paragraph (2) to read:

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 34 [became CISG article 36 ] at its [14th meeting and 15th meeting] on 19 and 20 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 14th meeting, the amendment by Turkey (A/CONF.97/C.1/L.122) was rejected. The amendment by Norway (A/CONF.97/C.1/L.105) was referred to the Drafting Committee.

6. At the 15th meeting, the amendment by Pakistan (A/CONF.97/C.1/L.147) was amended orally to the effect that the expression "warranty" be replaced by the expression "term". As amended, it was rejected by 15 votes in favour and 22 against. An alternative amendment was proposed orally by Greece to the effect that the word "express" before the word "guarantee" in the UNCITRAL text be deleted. This amendment was adopted by 21 votes in favour and 19 against. The UNCITRAL text, thus amended, was adopted and referred to the Drafting Committee for consideration of an appropriate qualification of the period mentioned at the end of paragraph (2) without the use of the term "reasonable".

[For subsequent Conference material on the development/approval of the final text of CISG article 36, 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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