LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

88	Article 77 [became CISG article 88 ]

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

A. UNCITRAL text

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

"Article 77 [became CISG article 88 ]

"(1) The party who is bound to preserve the goods in accordance with articles 74 [became CISG article 85 ] or 75 [became CISG article 86 ] may sell them by any appropriate means if there has been an unreasonable delay by the other party in taking possession of the goods or in taking them back or in paying the cost of preservation, provided that notice of the intention to sell has been given to the other party.

"(2) If the goods are subject to loss or rapid deterioration or their preservation would involve unreasonable expense, the party who is bound to preserve the goods in accordance with article 74 [became CISG article 85 ] or 75 [became CISG article 86 ] must take reasonable measures to sell them. To the extent possible he must give notice to the other party of his intention to sell.

"(3) The party selling the goods has the right to retain out of the proceeds of sale an amount equal to the reasonable expenses of preserving the goods and of selling them. He must account to the other party for the balance."

[Go to Secretariat Commentary on the above text]

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

B. Amendments

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article at its [31st meeting and 33rd meeting] on 1 and 2 April 1980 respectively [see also 37th meeting of First Committee].

(ii) Consideration

Paragraph (1).

5. At the 31st meeting, the amendment by Argentina, Spain, Portugal (A/CONF.97/C.1/L.188) was referred for consideration to an ad hoc working group composed of the representatives of Argentina, Canada, Netherlands, Singapore and Spain.

6. At the 33rd meeting, the ad hoc working group submitted the following text.

Ad hoc working group composed of Argentina, Canada, Netherlands and Portugal (A/CONF.97/C.1/L.246), in which Singapore also participated:

7. The amendment by the ad hoc working group relating to the addition of the words "the price or" was adopted to make paragraph (1) consistent with article 74 [became CISG article 85 ] as amended by the First Committee at its 30th meeting on 31 March 1980. The amendment by the ad hoc working group to add the word "reasonable" was adopted by 23 votes in favour and 15 against, and referred to the Drafting Committee.

Paragraphs (2) and (3).

8. At the 33rd meeting, the UNCITRAL text was adopted.

[For subsequent Conference material on the development/approval of the final text of CISG article 88, 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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