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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]

(. . .)

56
Article 52 [became CISG article 56 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings

A. UNCITRAL text

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

"Article 52 [became CISG article 56 ]

"If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. An amendment was submitted to article 52 [became CISG article 56 ] by Iraq (A/CONF.97/C.1/L.109) and a joint amendment by Argentina, Portugal, Spain (A/CONF.97/C.1/L.207).

3. These amendments were to the following effect:

(i) Iraq (A/CONF.97/C.1/L.109):

Add the following at the end of the article:

"unless otherwise established by usage".

[Rejected: see Consideration, 5, below.]

(ii) Argentina, Portugal, Spain (A/CONF.97/C.1/L.207):

Amend article 52 [became CISG article 56 ] to read as follows:

"If the price is stated according to the weight of the goods, the net weight is meant unless otherwise agreed."

[Rejected: see Consideration, 5, below.]

New paragraph (2)

Add a new paragraph (2) as follows:

"Any loss or increase allowed for by usage shall not be taken into consideration on delivery of the goods."

[Rejected: see Consideration, 6, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 52 [became CISG article 56 ] at its 24th meeting on 26 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 24th meeting, the amendment by Iraq (A/CONF.97/C.1/L.109) was rejected. The joint amendment by Argentina, Portugal, Spain (A/CONF.97/C.1/L.207) was rejected by 10 votes in favour and 22 against, and the UNCITRAL text adopted.

New paragraph (2).

6. At the 24th meeting, the amendment by Iraq (A/CONF.97/C.1/L.109) was rejected.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 56, go to Plenary Conference 8th meeting]

(. . .)


Pace Law School Institute of International Commercial Law - Last updated September 11, 2000
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