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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]

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7
Article 6 [became CISG article 7 ]

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 6 [became CISG article 7 ]

"In the interpretation and application of the provisions of this Convention, regard is to be had to its international character and to the need to promote uniformity and the observance of good faith in international trade."

[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 6 [became CISG article 7 ] by Bulgaria (A/CONF.97/C.1/L.16), Czechoslovakia (A/CONF.97/C.1/L.15), Italy (A/CONF.97/C.1/L.49 and L.59), the United States of America (A/CONF.97/C.1/L.5), France (A/CONF.97/C.1/L.22) and Norway (A/CONF.97/C.1/L.28).

3. These amendments were to the following effect: Proposed additional paragraphs for article 6 [became CISG article 7 ].

(i) Bulgaria (A/CONF.97/C.1/L.16):

Add a new paragraph (2) to article 6 [became CISG article 7 ], reading as follows:

"(2) Questions which cannot be solved according to paragraph (1) of this article shall be settled according to the law of the seller's place of business. The same applies to the questions mentioned in article 4, paragraph (a), as well as to other questions, governed by the law proper to the contract."

[Rejected: see Consideration, 5, below.]

(ii) Czechoslovakia (A/CONF.97/C.1/L.15):

Add a new paragraph (2) to article 6 [became CISG article 7 ] to read as follows:

"(2) Questions concerning matters governed by this Convention which are not settled therein shall be settled in conformity with the law applicable by virtue of the rules of private international law."

[Rejected: see Consideration, 5, below.]

(iii) Italy (A/CONF.97/C.1/L.59):

Delete the words "and the observance of good faith in international trade" (cf. in this respect the proposed new article 6 [became CISG article 7 ] ter) and add a new sentence:

"Questions concerning matters governed by this Convention which are not expressly settled therein shall be settled in conformity with the general principles on which this Convention is based or, in the absence of such principles, by taking account of the national law of each of the parties."

Add a new article 6 [became CISG article 7 ] ter to read as follows:

"In the formation [interpretation] and performance of a contract of sale the parties shall observe the principles of good faith and international co-operation."

[Rejected: see Consideration, 5, below].

(iv) Italy (A/CONF.97/C.1/L.49):

Insert the following new article after article 6 [became CISG article 7 ]:

"Article 6 [became CISG article 7 ] bis

"Interpretation of contracts

"For the purposes of this Convention, the contract of sale shall be interpreted in accordance with the common will of the parties, reference being made even to their conduct."

[Rejected: see Consideration, 5. below.]

Revision of article 6 [became CISG article 7 ].

(i) United States of America (A/CONF.97/C.1/L.5):

Revise article 6 [became CISG article 7 ] to read as follows:

"In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application as well as to ensure the observance of good faith in international trade."

[Referred to Drafting Committee: see Consideration, 6, below.]

(ii) France (A/CONF.97/C.1/L.22):

It is proposed that article 6 [became CISG article 7 ] should read as follows:

"For the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade."

[Referred to Drafting Committee: see Consideration, 6, below.]

(iii) Norway (A/CONF.97/C.1/L.28):

Delete the words:

"and the observance of good faith in international trade"

Article [6] [became CISG article 7 ]

At the end of paragraph 3, add the words:

"having regard to the need to ensure the observance of good faith in international trade"

[Withdrawn: see Consideration, 6, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 6 [became CISG article 7 ] at its 5th meeting on 13 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

Proposed additional paragraphs for article 6 [became CISG article 7 ].

5. At the 5th meeting, the amendment by Czechoslovakia (A/CONF.97/C.1/L.15) was rejected by a vote of 9 in favour and 20 against, and the amendment by Bulgaria (A/CONF.97/C.1/L.16) was also rejected. The amendment by Italy (A/CONF.97/C.1/L.59) was rejected by a vote of 10 in favour and 18 against, and another amendment by Italy (A/CONF.97/C.1/L.49)was also rejected.

The German Democratic Republic submitted the following oral proposal:

"Questions concerning matters governed by this Convention which are not expressly settled therein shall be settled in conformity with the general principles on which this Convention is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law."

This proposal was adopted by 17 votes in favour, 14 against, with 11 abstentions.

Revision of article 6 [became CISG article 7 ].

6. At the 5th meeting, the amendment of Norway (A/CONF.97/C.1/L.28) was withdrawn. The UNCITRAL text was adopted, subject to consideration by the Drafting Committee of the amendments by the United States (A/CONF.97/C.1/L.5) and France (A/CONF.97/C.1/L.22).

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 7, go to Plenary Conference 6th meeting (continued)]

[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 8, 2000
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