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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]

(. . .)

52
Article 48 [became CISG article 52 ]

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 48 [became CISG article 52 ]

"(1) If the seller delivers the goods before the date fixed, the buyer may take delivery or refuse to take delivery.

"(2) If the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery or refuse to take delivery of the excess quantity. If the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contract rate."

B. Amendments

[Go to Secretariat Commentary on the above text]

2. Amendments were submitted to article 48 [became CISG article 52 ] by Norway (A/CONF.97/C.1/L.174), Iraq (A/CONF.97/C.1/L.108) and the Netherlands (A/CONF.97/C.1/L.175).

3. These amendments were to the following effect:

Paragraph (1).

Norway (A/CONF.97/C.1/L.174):

At the end of paragraph (1), add the words "at that time".

[Referred to Drafting Committee: see Consideration, 5, below.]

Paragraph (2).

Iraq (A/CONF.97/C.1/L.108):

In paragraph 2, last sentence, replace the words "he must pay for it at the contract rate" by "he must pay for it at no more than the contract rate."

[Rejected: see Consideration, 6, below.]

New article 48a.

Netherlands (A/CONF.97/C.1/L.175):

"When there are available to the buyer both remedies granted under the Convention for lack of conformity on the one hand and remedies deriving from the invalidity of the contract under the applicable national law on the other, he may exercise the latter only under the terms of articles 36 to 38 [became CISG article 38 , CISG article 39 and CISG article 40 ]."

[Rejected: see Consideration, 7, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 48 [became CISG article 52 ] at its [23rd meeting and 24th meeting] on 26th March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

Paragraph (1).

5. At the 23rd meeting, the amendment by Norway (A/CONF.97/C.1/L.174) was referred to the Drafting Committee, and the UNCITRAL text adopted.

Paragraph (2).

6. At the 24th meeting, the amendment by Iraq (A/CONF.97/C.1/L.108) was rejected, and the UNCITRAL text adopted.

New article 48a.

7. At the 24th meeting, the amendment by the Netherlands (A/CONF.97/C.1/L.174) was rejected by 6 votes in favour and 24 against.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 52, 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]

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