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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]

(. . .)

70
Article 82 [became CISG article 70 ]

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

A. UNCITRAL text

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

"Article 82 [became CISG article 70 ]

"If the seller has committed a fundamental breach of contract, the provisions of articles 79, 80 and 81 [became CISG article 67 , CISG article 68 and CISG article 69 ] do not impair the remedies available to the buyer on account of such breach."

[Go to Secretariat Commentary on the above text]

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

B. Amendments

2. An amendment was submitted to article 82 [became CISG article 70 ] by the United States of America (A/CONF.97/C.1/L.229/Rev.l).

3. The amendment was to the following effect:

United States of America (A/CONF.97/C.1/L.229/Rev.1):

Revise article 82 [became CISG article 70 ] to read as follows:

If the seller commits a breach of contract that gives the buyer the right to declare the contract avoided under article 45 [became CISG article 49 ], the risk of loss does not pass to the buyer as long as he may exercise this right."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 82 [became CISG article 70 ] 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 United States of America (A/CONF.97/C.1/L.229/Rev.1) was rejected, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 70, go to Plenary Conference 9th meeting]

(. . .)


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