CISG
number
LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]
 82 |
1. The text of the [1978 draft of the ] United Nations Commission on International Trade Law provided as follows:
"Article 67 [became CISG article 82 ]
"(1) The buyer loses his right to declare the contract avoided or to require the seller to deliver substitute goods if it is impossible for him to make restitution of the goods substantially in the condition in which he received them.
"(2) Paragraph (1) of this article does not apply:
"(b) if the goods or part of the goods have perished or deteriorated as a result of the examination provided for in article 36; or
"(c) if the goods or part of the goods have been sold in the normal course of business or have been consumed or transformed by the buyer in the course of normal use before he discovered the lack of conformity or ought to have discovered it."
[Go to Secretariat Commentary on the above text]
B. Amendments 2. No amendments were submitted to article 67 [became CISG article 82 ]. C. Proceedings in the First Committee (i) Meetings 3. The First Committee considered this article at its 28th meeting on 28 March 1980 [see also 37th meeting of First Committee]. (ii) Consideration 4. At the 28th meeting, the UNCITRAL text was adopted.
[For subsequent Conference material on the development/approval of the final text of CISG article 82, go to Plenary Conference 11th 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 October 11, 2000