CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 37 |
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 35 [became CISG article 37 ]
"If the seller has delivered goods before the date for delivery he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non-conforming goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. The buyer retains any right to claim damages as provided for in this Convention."
[Go to Secretariat Commentary on the above text]
2. An amendment was submitted to article 35 [became CISG article 37 ] by Canada (A/CONF.97/C.1/L.116).
3. This amendment was to the following effect:
Canada (A/CONF.97/C.1/L.116):
[Adopted: see Consideration, 5, below.]
C. Proceedings in the First Committee
(i) Meetings
4. The First Committee considered article 35 [became CISG article 37 ] at its 14th meeting on 19 March 1980 [see also 37th meeting of First Committee].
(ii) Consideration
5. At the 14th meeting, the amendment by Canada (A/CONF.97/C.1/L.116) was adopted by 20 votes in favour and 11 against. An alternative amendment was proposed orally by the United States to the effect that the words "in the goods delivered" be deleted in the expression "lack of conformity in the goods delivered". This amendment was rejected by 8 votes in favour and 9 against. The UNCITRAL text was adopted, subject to the amendment by Canada.
6. An amendment proposed orally by Mexico to the effect that the title of Section II. be altered to conform with the decision on the amendment by Canada was referred to the Drafting Committee.
[For subsequent Conference material on the development/approval of the final text of CISG article 37, 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