LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

68	Article 80 [became CISG article 68 ]

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 80 [became CISG article 68 ]

"The risk in respect of goods sold in transit is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents controlling their disposition. However, if at the time of the conclusion of the contract the seller knew or ought to have known that the goods had been lost or damaged and he has not disclosed such fact to the buyer, such loss or damage is at the risk of the seller."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to article 80 [became CISG article 68 ] by Canada (A/CONF.97/C.1/L.240), Pakistan (A/CONF.97/C.1/L.237), United States of America (A/CONF.97/C.1/L.231), Norway (A/CONF.97/C.1/L.195) and India (A/CONF.97/C.1/L.244).

3. These amendments were to the following effect:

Article 80 [became CISG article 68 ].

(i) Canada (A/CONF.97/C.1/L.240):

(ii) Pakistan (A/C0NF.97/C.1/L.237):

(iii) United States of America (A/CONF.97/C.1/L.231):

(iv) Norway (A/CONF.97/C.1/L.195):

Article 80 [became CISG article 68 ], new paragraph (2).

India (A/CONF.97/C.1/L.244):

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 80 [became CISG article 68 ] at its 32nd meeting on 1 April 1980 [see also 37th meeting of First Committee].

Article 80 [became CISG article 68 ].

5. At the 32nd meeting, the amendment by Canada (A/CONF.97/C.1/L.240) was withdrawn.

6. At the 32nd meeting, the amendment by Pakistan (A/CONF.97/C.1/L.237) was rejected.

7. At the 32nd meeting, the amendment by the United States of America (A/CONF.97/C.1/L.231) was adopted by 15 votes in favour and 13 against, and the UNCITRAL text adopted subject to this amendment.

8. At the 32nd meeting, the amendment by Norway (A/CONF.97/C.1/L.195) was withdrawn.

Article 80 [became CISG article 68 ], new paragraph (2).

9. At the 32nd meeting, the amendment by India (A/CONF.97/C.1/L.244) was rejected.

[For subsequent Conference material on the development/approval of the final text of CISG article 68, go to Plenary Conference 8th meeting, 9th meeting and 10th 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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