CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 67 |
A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments
1. The text of the [1978 draft of the ] United Nations Commission on International Trade Law provided as follows:
"Article 79 [became CISG article 67 ]
"(1) If the contract of sale involves carriage of the goods and the seller is not required to hand them over at a particular destination, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer. If the seller is required to hand the goods over to a carrier at a particular place other than the destination, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. The fact that the seller is authorized to retain documents controlling the disposition of the goods does not affect the passage of risk.
"(2) Nevertheless, if the goods are not clearly marked with an address or otherwise identified to the contract, the risk does not pass to the buyer until the seller sends the buyer a notice of the consignment which specifies the goods."
[Go to Secretariat Commentary on the above text]
[See also pre-Conference observations and proposals by Governments and International Organizations]
2. Amendments were submitted to article 79 [became CISG article 67 ] by the United States (A/CONF.97/C.1/L.233), Pakistan (A/CONF.97/C.1/L.236), United Kingdom (A/C0NF.97/C.l/L.238) and Australia (A/CONF.97/C.1/L.241).
3. These amendments were to the following effect:
Paragraph (1).
(i) United States (A/CONF.97/C.1/L.233):
[Withdrawn: see Consideration, 5, below.]
(ii) Pakistan (A/CONF.97/C.1/L.236):
[Referred to Drafting Committee: see Consideration, 5, below.]
(iii) United Kingdom (A/CONF.97/C.1/L.238):
"(1) If the contract of sale involves carriage of the goods and the seller is not required to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the the first carrier for transport to the buyer. If the seller is required to hand the goods over to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. The fact that the seller is authorized to retain documents controlling the disposition of the goods does not affect the passage of risk."
[Adopted: see Consideration, 5, below.]
Paragraph (2).
(iv) United States (A/CONF.97/C.1/L.233):
[Adopted: see Consideration, 6, below.]
New paragraph.
(v) Australia (A/CONF.97/C.1/L.241):
[Rejected: see Consideration, 7, below.]
C. Proceedings in the First Committee
(i) Meetings
4. The First Committee considered this article at its 31st meeting on 1 April 1980 [see also 37th meeting of First Committee].
(ii) Consideration
Paragraph (1).
5. At the 31st meeting, the amendment by the United States (A/CONF.97/C.1/L.233) was withdrawn, and the amendment by Pakistan (A/CONF.97/C.1/L.236) referred to the Drafting Committee. The amendment by the United Kingdom (A/CONF.97/C.1/L.238) was adopted, and the UNCITRAL text adopted subject to this amendment.
Paragraph (2).
6. At the 31st meeting, the amendment by the United States (A/CONF.97/C.1/L.233) was adopted and referred to the Drafting Committee.
New paragraph.
7. At the 31st meeting, the amendment by Australia (A/CONF.97/C.1/L.241) was rejected.
[For subsequent Conference material on the development/approval of the final text of CISG article 67, 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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Pace Law School Institute of
International Commercial Law - Last updated September 11, 2000