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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

H. Report of the Second Committee
[Outline of committee proceedings]
Document A/CONF.97/12 [Original: English 1 April 1980]

(. . .)

101
Article [K] [became CISG article 101 ] Entry into Force

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article K [became CISG article 101 ] -- Denunciations

"(1) A Contracting State may denounce this Convention (or Part II or Part III thereof), by means of a formal notification in writing addressed to the depositary.

"(2) The denunciation takes effect on the first day of the month following the expiration of one year after the notification is received by the depositary. Where a longer period is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary."

B. Amendments

2. Amendments to the article on Denunciations were submitted by the United Kingdom (A/CONF.97/C.2/L.6 and A/CONF.97/C.2/L.15) and by the German Democratic Republic (A/CONF.97/C.2/L.16).

3. These amendments were to the following effect:

(a) Document A/CONF.97/C.2/L.6 suggested that the future tense be substituted for the present tense in paragraph (2).

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

(b) Document A/CONF.97/C.2/L.15 suggested that the words "for the denunciation to take effect" be added after the words "where a longer period" in the second sentence of paragraph (2).

[Adopted: see Consideration, 5, below.]

(c) Document A/CONF.97/C.2/L.16 suggested adding a new paragraph (3) to read as follows:

"This Convention does not apply to contracts concluded after its denunciation becomes effective for the Contracting State or States referred to in article 1 [became CISG article 1 ]."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on Denunciation at its 6th meeting on 26 March 1980.

(ii) Consideration

5. At its 6th meeting, the Committee adopted the article on Denunciation as amended by the United Kingdom (A/CONF.97/C.2/L.15). The other amendment by the United Kingdom (A/CONF.97/C.2/L.6) was referred to the Drafting Committee. A proposal by the German Democratic Republic (A/CONF.97/C.2/L.16) to add a third paragraph was rejected.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 101, go to Plenary Conference 11th meeting]

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Pace Law School Institute of International Commercial Law - Last updated May 17, 1999
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