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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]

(. . .)

66
Article 78 [became CISG article 66 ]

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

CHAPTER V. PASSING OF RISK

A. UNCITRAL text

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

"Article 78 [became CISG article 66 ]

"Loss or damage to the goods after the risk has passed to the buyer does not discharge him from his obligation to pay the price, unless the loss or damage is due to an act or omission of the seller."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. An amendment was submitted in regard to Chapter V. No amendments were submitted to article 78 [became CISG article 66 ].

3. The amendment was to the following effect:

Chapter V -- Passing of risk.

Norway (A/CONF.97/C.1/L.230):

Chapter V -- Passing of risk should be transferred to a place somewhere in the earlier part of part III, perhaps between the present chapters II and III or immediately after chapter III.

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

C. Proceedings in the first Committee

(i) Meetings

4. The First Committee considered Chapter V -- Passing of risk and article 78 [became CISG article 66 ] at its 31st meeting on 1 April 1980 [see also 37th meeting of First Committee].

(ii) Consideration

Chapter V -- Passing of risk.

5. At the 31st meeting, the amendment by Norway (A/CONF.97/C.1/L.230) was referred to the Drafting Committee.

Article 78 [became CISG article 66 ].

6. At the 31st meeting, the UNCITRAL text was adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 66, 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 11, 2000
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