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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]

(. . .)

69
Article 81 [became CISG article 69 ]

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 81 [became CISG article 69 ]

"(1) In cases not covered by articles 79 and 80 the risk passes to the buyer when the goods are taken over by him or, if he does not do so in due time, from the time when the goods are placed at his disposal and he commits a breach of contract by failing to take delivery.

"(2) If, however, the buyer is required to take over the goods at a place other than any place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place.

"(3) If the contract relates to a sale of goods not then identified, the goods are deemed not to be placed at the disposal of the buyer until they have been clearly identified to the contract."

[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 81 [became CISG article 69 ] by the Federal Republic of Germany (A/CONF.97/C.1/L.212) and Australia (A/CONF.97/C.1/L.242).

3. These amendments were to the following effect:

(i) Federal Republic of Germany (A/CONF.97/C.1/L.212):

After article 81 became CISG article 69 ], add a new article 81 bis as follows:

"(1) Where the delivery of the goods by the seller is delayed owing to a breach of an obligation of the buyer the risk shall pass to the buyer from the last date when, apart from such breach, delivery of the goods could have been made in accordance with the contract.

"(2) If, however, the contract relates to a sale of goods not then identified, the risk does not pass to the buyer until the goods have been clearly identified to the contract and the seller has notified the buyer that this had been done."

[Rejected: see Consideration, 5, below.]

(ii) Australia (A/CONF.97/C.1/L.242):

Insert a new paragraph following paragraph (2), as follows:

"(3) Goods may be regarded as having been placed at the disposal of the buyer, notwithstanding that pursuant to article 54 [became CISG article 58 ] they or the documents controlling their disposition have not been handed over to the buyer pending payment of the price."

[Withdrawn: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 81 [became CISG article 69 ] at its 32nd meeting on 1 April 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 32nd meeting, the amendment by the Federal Republic of Germany (A/CONF.97/C.1/L.212) was rejected, the amendment by Australia (A/CONF.97/C.1/L.242) was withdrawn, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 69, go to Plenary Conference 9th 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]

(. . .)

Pace Law School Institute of International Commercial Law - Last updated September 11, 2000
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