LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

4, 5	Article 4 [became CISG article 4 ] and [Article 4 bis [became CISG Article 5 ]]

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 4 [became CISG article 4 ]

"This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided therein, this Convention is not concerned with:

"(a) The validity of the contract or of any of its provisions or of any usage;

"(b) the effect which the contract may have on the property in the goods sold."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to article 4 [became CISG article 4 ] by Norway (A/CONF.97/C.1/L.14), United States of America (A/CONF.97/C.1/L.4), France (A/CONF.97/C.l/L.20), Finland (A/CONF.97/C.1/L.21), and Finland, France, United States of America (A/CONF.97/C.1/L.51).

3. These amendments were to the following effect:

New paragraph (2).

(i) Norway (A/CONF.97/C.1/L.14): Add the following as a new paragraph 2.

(ii) United States of America (A/CONF.97/C.1/L.4):

(iii) France (A/CONF.97/C.1/L.20):

(iv) Finland (A/CONF.97/C.1/L.21):

(v) Finland, France, United States of America (A/CONF.97/C.1/L.51):

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 4 [and article 4 bis] [became CISG article 4 and CISG article 5 ] at its 3rd meeting on 12 March 1980 [see also 24th meeting and 35th meeting of First Committee].

(ii) Consideration

5. At the 3rd meeting, the amendment by Norway (A/CONF.97/C.1/L.14) was withdrawn.

6. At the 3rd meeting, the amendments by United States of America (A/CONF.97/C.1/L.4), France (A/CONF.97/C.1/L.20) and Finland (A/CONF.97/C.1/L.21) were consolidated as a joint proposal of Finland, France, United States of America (A/CONF.97/C.1/L.51). The joint proposal (A/CONF.97/C.1/L.51) was adopted and referred to the Drafting Committee, and the UNCITRAL text adopted.

[For subsequent Conference material on the development/approval of the final text of CISG article 4 and of CISG article 5, go to Plenary Conference 6th meeting (continued)]

[English translation of report on the significance of the deliberations on these articles at the Diplomatic Conference prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter: overview comments on CISG article 4; overview comments on CISG article 5.]

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