LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

58	Article 54 [became CISG article 58 ]

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 54 [became CISG article 58 ]

"(1) The buyer must pay the price when the seller places either the goods or documents controlling their disposition at the buyer's disposal in accordance with the contract and this Convention. The seller may make such payment a condition for handing over the goods or documents.

"(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby the goods, or documents controlling their disposition, will not be handed over to the buyer except against payment of the price.

"(3) The buyer is not bound to pay the price until he has had an opportunity to examine the goods, unless the procedures for delivery or payment agreed upon by the parties are inconsistent with his having such an opportunity."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. A joint amendment was submitted by Argentina, Spain, Portugal (A/CONF.97/C.1/L.189).

3. This amendment was to the following effect:

Paragraph (1).

Argentina, Spain, Portugal (A/CONF.97/C.1/L.189):

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 54 [became CISG article 58 ] at its [25th meeting and 27th meeting] on 27th and 28th March 1980 respectively [see also 37th meeting of First Committee].

(ii) Consideration

Paragraph {1).

5. At the 25th meeting, the first part of the joint amendment by Argentina, Spain and Portugal (A/CONF.97/C.1/L.189) ("(1) If the buyer . . . Convention.") was adopted by 16 votes in favour and 15 against, and the UNCITRAL text adopted subject to this amendment. The Committee decided to postpone consideration of the second part of the amendment ("The seller . . . made.") until consideration of article 62 [became CISG article 66 ].

6. At the 27th meeting, the second part of the joint amendment was rejected by 7 votes in favour and 17 against.

Paragraphs (2) and (3).

7. At the 25th meeting, the UNCITRAL text was adopted without change.

[For subsequent Conference material on the development/approval of the final text of CISG article 58, go to Plenary Conference 8th 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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