CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 76 |
A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments
1. The text of the [1978 draft of the ] United Nations Commission on lnternational Trade Law provided as follows:
"Article 72 [became CISG article 76 ]
"(1) If the contract is avoided and there is a current price for the goods, the party claiming damages may, if he has not made a purchase or resale under article 71 [became CISG article 75 ], recover the difference between the price fixed by the contract and the current price at the time he first had the right to declare the contract avoided and any further damages recoverable under the provisions of article 70 [became CISG article 74 ].
"(2) For the purposes of paragraph (1) of this article, the current price is the price prevailing at the place where delivery of the goods should have been made or, if there is no current price at that place, the price at another place which serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods."
[Go to Secretariat Commentary on the above text]
[See also pre-Conference observations and proposals by Governments and International Organizations]
2. Amendments were submitted to article 72 [became CISG article 76 ] by Norway (A/CONF.97/C.1/L.194) and jointly by Australia, Greece, Norway, Republic of Korea (A/CONF.97/C.1/L.245).
3. These amendments were to the following effect:
Paragraph (1).
(i) Norway (A/CONF.97/C. I /L.194):
[Rejected: see Consideration, 5, below.]
(ii) Australia, Greece, Norway, Republic of Korea (A/CONF.97/C.1/L.245):
[Not considered: see Consideration, 9, below.]
Paragraph (2).
(iii) Norway (A/C0NF.97/C.1/L.194):
[Referred to Drafting Committee: see Consideration,10, below.]
C. Proceedings in the First Committee
(i) Meetings 4. The First Committee considered article 72 [became CISG article 76 ] at its [30th meeting and 33rd meeting] on 31 March and 2 April 1980 respectively [see also 37th meeting of First Committee]. (ii) Consideration Paragraph (1).
5. At the 30th meeting, the amendment by Norway (A/CONF.97/C.1/L.194) was rejected by 12 votes in favour and 21 votes against. 6. At the 30th meeting, Canada submitted orally the following amendment:
The amendment by Canada was rejected by 13 votes in favour and 17 against.
7. At the 30th meeting, Australia submitted orally the following amendment:
The amendment by Australia was rejected.
8. The UNCITRAL text was adopted.
9. At the 33rd meeting, a motion that the Committee should consider the amendment by Australia, Greece, Norway and Republic of Korea (A/CONF.97/C.1/L.245), which was submitted after the close of the deliberations on article 72 [became CISG article 76 ], was rejected by 14 votes in favour and 21 against.
Paragraph (2).
10. At the 30th meeting, the amendment by Norway (A/CONF.97/C.1/L.194) was referred to the Drafting Committee, and the UNCITRAL text adopted.
[For subsequent Conference material on the development/approval of the final text of CISG article 76, go to Plenary Conference 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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Pace Law School Institute of
International Commercial Law
- Last updated September 11, 2000