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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

51
Article 47 [became CISG article 51 ]

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 47 [became CISG article 51 ]

"(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, the provisions of articles 42 to 46 [became CISG article 46 , CISG article 47 , CISG article 48 , CISG article 49 and CISG article 50 ] apply in respect of the part which is missing or which does not conform.

"(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract."

[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 47 [became CISG article 51 ] by Singapore (A/CONF.97/C.1/L.171) and Australia (A/ CONF.97/C.1/L.172).

3. These amendments were to the following effect:

Paragraph (2).

(i) Singapore (A/CONF.97/C.1/L.171):

Delete paragraph (2) of article 47 [became CISG article 51 ].

[Rejected: see Consideration, 5, below.]

(ii) Australia (A/CONF.97/C.1/L.172):

Revise paragraph (2) of article 47 [became CISG article 51 ] to read as follows:

"(2) The buyer may declare the contract avoided in its entirety if, notwithstanding there has been part performance, the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract, or took place notwithstanding the fixing of an additional period of time under article 43 [became CISG article 47] for the performance by the seller of his obligations."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article at its 23rd meeting on 26 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 23rd meeting, the amendment by Singapore (A/CONF.97/C.1/L.171) was rejected, the amendment by Australia (A/CONF.97/C.1/L.172) was withdrawn, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 51, go to Plenary Conference 8th meeting]

[E. Overview Comments]

[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]

(. . .)

Pace Law School Institute of International Commercial Law - Last updated September 8, 2000
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