CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 59 |
A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
1. The text of the [1978 draft of the ] United Nations Commission on International Trade Law provided as follows:
"Article 55 [became CISG article 59 ]
"The buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or other formality on the part of the seller."
[Go to Secretariat Commentary on the above text]
2. An amendment was submitted by Argentina, Portugal, Spain (A/CONF.97/C.1/L.206) for the addition of two new articles 55 bis and 55 ter.
3. This amendment was to the following effect:
Argentina, Portugal, Spain (A/CONF.97/C.1/L.206):
Unless the contract so permits, the seller may not be obliged to receive part of the price. If the seller agrees to part payment, the provisions of articles 57 to 60 [became CISG article 61 , CISG article 62 , CISG article 63 and CISG article 64 ] shall apply in respect of the part which is outstanding.
C. Proceedings in the First Committee
(i) Meetings
4. The First Committee considered this article at its 25th meeting on 27 March 1980 [see also 37th meeting of First Committee].
(ii) Consideration
5. At the 25th meeting, the amendment by Argentina, Portugal and Spain (A/CONF.97/C.1/L.206) to add article 55 bis was rejected. The amendment to add article 55 ter was rejected by 20 votes in favour and 21 against. The UNCITRAL text was adopted.
[For subsequent Conference material on the development/approval of the final text of CISG article 59, go to Plenary Conference 8th meeting]
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Pace Law School Institute of International Commercial Law - Last updated
September 11, 2000