LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

45	Article 41 [became CISG article 45 ]

A. UNCITRAL text

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

"Article 41 [became CISG article 45 ]

"(1) If the seller fails to perform any of his obligations under the contract and this Convention, the buyer may:

"(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.

"(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract."

[Go to Secretariat Commentary on the above text]

B. Amendment

2. No amendments were submitted to this article.

C. Proceedings in the First Committee

(i) Meetings

3. The First Committee considered article 41 [became CISG article 45 ] at its 17th meeting on 21 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

4. At the 17th meeting, the UNCITRAL text was adopted.

[For subsequent Conference material on the development/approval of the final text of CISG article 45, go to Plenary Conference 7th meeting, 8th meeting and 11th 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]

(. . .)