CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 41, 43 |
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 39 [became CISG article 41 and CISG article 43 ]
"(1) The seller must deliver goods which are free from any right or claim of a third party, other than one based on industrial or intellectual property, unless the buyer agreed to take the goods subject to that right or claim.
"(2) The buyer does not have the right to rely on the provisions of this article if he does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he became aware or ought to have become aware of the right or claim."
[Go to Secretariat Commentary on the above text; Go also to Secretariat Commentary on paragraph (2) of this text ]
[See also pre-Conference observations and proposals by Governments and International Organizations]
2. Amendments were submitted to article 39 [became CISG article 41 and CISG article 43 ] by Finland (A/CONF.97/C.1/L.133), Singapore (A/CONF.97/C.1/L.145), Nigeria (A/CONF.97/C.1/L.159), Norway (A/CONF.97/C.1/L.127), Norway (A/CONF.97/C.1/L.77) and Canada (A/CONF.97/C.1/L.128).
3. These amendments were to the following effect:
Paragraph (1).
(i) Finland (A/CONF.97/C.1/L.133):
[Withdrawn: see Consideration, 6, below.]
(ii) Singapore (A/CONF.97/C.1/L.145):
(iii) Nigeria (A/CONF.97/C.1/L.159):
[Withdrawn: see Consideration, 6, below.]
Paragraph (2).
(iv) Norway (A/CONF.97/C.1/L.127):
[Referred to the Drafting Committee: see Consideration, 7, below.]
New paragraph (3).
(v) Norway (A/CONF.97/C.1/L.77):
[Rejected: see Consideration, 8, below.]
New paragraphs (3) and (4).
(vi) Canada (A/CONF.97/C.1/L.128):
"(b) to offer the buyer a satisfactory form of indemnity against any loss he may incur by reason of such claim, if the delay involved will not cause serious prejudice or inconvenience to the buyer.
"(4) A seller who meets the requirements of paragraph (3) (a) or (b) shall not be deemed to have committed a fundamental breach of contract."
[Withdraw: see Consideration, 9, below.]
C. Proceedings in the First Committee
(i) Meetings
4. The First Committee considered this article at its 17th meeting on 21 March 1980 [see also 37th meeting of First Committee].
(ii) Consideration
Paragraph (1). 5. At the 17th meeting, the Committee, by 15 votes in favour and 11 against, adopted and referred to the Drafting Committee, an oral amendment by Mexico that a sentence on the following lines should be added to paragraph (1):
6. The amendments by Finland (A/CONF.97/C.1/L.133), Singapore (A/CONF.97/C.1/L.145) and Nigeria (A/CONF.97/C.1/L.159) were withdrawn, and the UNCITRAL text adopted subject to the amendment set forth in paragraph 5 above.
Paragraph (2).
7. At the 17th meeting, the amendment by Norway (A/CONF.97/C.1/L.127) was referred to the Drafting Committee with a view to harmonizing the similar language used in this paragraph, in article 37 [became CISG article 39 ], paragraph (2), and in article 40, paragraph (3) [became CISG article 43(1) ]. The UNCITRAL text was adopted.
New paragraph (3).
8. At the 17th meeting, the amendment by Norway (A/CONF.97/C.1/L.77) was rejected.
New paragraphs (3) and (4).
9. At the 17th meeting, the amendment by Canada (A/CONF.97/C.1/L.128) was withdrawn.
[For subsequent Conference material on the development/approval of the final text of CISG article 41 and of article 43, 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