CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 38 |
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 36 [became CISG article 38 ]
"(1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances.
"(2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination.
"(3) If the goods are redispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redispatch, examination may be deferred until after the goods have arrived at the new destination."
[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 36 [became CISG article 38 ] by Canada (A/CONF.97/C.1/L.118), India (A/CONF.97/C.1/L.144), Australia (A/CONF.97/C.1/L.154) and the Netherlands (A/CONF.97/C.1 /L.155).
3. These amendments were to the following effect:
Paragraph (1).
(i) Canada (A/CONF.97/C.1/L.118):
[Rejected: see Consideration, 5, below.]
(ii) India (A/CONF.97/C.1/L.144):
[Withdrawn: see Consideration, 5, below.]
Paragraph (2).
Canada (A/CONF.97/C.1/L.118):
[Withdrawn: see Consideration, 6, below.]
Paragraph (3).
(i) Australia (A/CONF.97/C.1/L.154):
[Part was referred to the Drafting Committee and part was rejected: see Consideration, 6, below.]
(ii) Netherlands (A/CONF.97/C.1/L.155):
[Withdrawn: see Consideration, 6, below.]
(iii) Canada (A/CONF.97/C.1/L.118):
[Withdrawn: see Consideration, 7, below.]
C. Proceedings in the First Committee
(i) Meetings 4. The First Committee considered article 36 [became CISG article 38 ] at its [14th meeting and 16th meeting] on 19th and 20th March 1980 [see also 37th meeting of First Committee].
(ii) Consideration Paragraph (1). 5. At the 14th meeting, the amendment by India (A/CONF.97/C.1/L.144) was withdrawn. The amendment by Canada (A/CONF.97/C.1/L.118) was amended orally to the effect that paragraph (1) should read: "(1) The buyer must examine the goods, or cause them to be examined, within a reasonable period of time in the circumstances, following their delivery". This amendment was rejected by 11 votes in favour and 28 against. Also rejected was an amendment proposed orally by Italy to the effect that after the word "goods" the words "or any documents relating thereto" be added, and the UNCITRAL text adopted. Paragraph (2). 6. At the 16th meeting, the amendment by Canada (A/CONF.97/C.1/L.118) was withdrawn, and the UNCITRAL text adopted. Paragraph (3). 7. At the 16th meeting, the amendments by Canada (A/CONF.97/C.1/L.118) and the Netherlands (A/CONF.97/C.1/L.155) were withdrawn. The amendment to add the words "redirected in transit or" and "redirection or" by Australia (A/CONF.97/C.1/L.154) was adopted by 20 votes in favour and 19 against, and was referred to the Drafting Committee, and the UNCITRAL text adopted subject to this amendment. The amendment by Australia to add the words "for purposes of resale or otherwise, without the buyer having a reasonable opportunity for examination" was rejected by 15 votes in favour and 24 against. [For subsequent Conference material on the development/approval of the final text of CISG article 38, 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