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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]

(. . .)

75
Article 71 [became CISG article 75 ]

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 71 [became CISG article 75 ]

"If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the difference between the contract price and the price in the substitute transaction and any further damages recoverable under the provisions of article 70 [became CISG article 74 ]."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. An amendment was submitted to article 71 [became CISG article 75 ] by Norway (A/CONF.97/C.1/L.193).

3. This amendment was to the following effect:

Norway (A/CONF.97/C.1/L.193):

Revise article 71 to read as follows:

"If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may, as part of the damages referred to in article 70 [became CISG article 74 ], recover the difference between the contract price and the price in the substitute transaction."

[Referred to Drafting Committee: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article at its 30th meeting on 31 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 30th meeting, the amendment by Norway (A/CONF.97/C.1/L.193) was referred to the Drafting Committee, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 75, go to Plenary Conference 10th 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]

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