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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]

(. . .)

96
Article [X] [became CISG article 96 ] Declarations Relating to Contracts in Writing

A. Text by the Secretary-General
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. Text by the Secretary-General

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

"Article X [became CISG article 96 ] -- Declarations relating to contracts in writing

"A Contracting State whose legislation requires a contract of sale to be concluded in or evidenced by writing may at the time of signature, ratification or accession make a declaration in accordance with article 11 [became CISG article 12 ] that any provision of article 10 [became CISG article 11 ], article 27 [became CISG article 29 ], or Part II of this Convention, which allows a contract of sale or its modification or abrogation or any offer, acceptance, or other indication of intention to be made in any form other than in writing shall not apply where any party has his place of business in a Contracting State which has made such a declaration."

[Go to pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to the article on Declarations relating to contracts in writing by the Federal Republic of Germany (A/CONF.97/C.1/L.96) and the United Kingdom (A/CONF.97/C.1/L.88).

3. These amendments were to the following effect:

(i) Federal Republic of Germany (A/CONF.97/C.1/L.96):

Insert after the words "at the time of signature, ratification or accession" the words "or at any time thereafter".

[Modified adopted: see Consideration, 6, below.]

(ii) United Kingdom (A/CONF.97/C.1 /L.88):

1. Insert after the word "ratification" in the second line of Article X [became CISG article 96 ] the words "acceptance, approval".

[Rejected: see Consideration, 6, below.]

2. Replace the words "a Contracting State" in the last line by the words "the Contracting State".

[Adopted: see Consideration, 7, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on Declarations relating to contracts in writing at its [2nd meeting, 3rd meeting and 4th meeting] on 18, 20 and 24 March 1980.

(ii) Consideration

5. When it adopted its agenda, at its 1st plenary meeting, the Conference decided to entrust the consideration of Article (X) [became CISG article 96 ] to the First Committee. At its 2nd meeting, the Second Committee was informed that a subsequent meeting would be attended by the Rapporteur of the First Committee who would report on the decisions taken by the First Committee and inform the Second Committee of the matters remaining to be considered by the Second Committee. At its 3rd meeting, the Second Committee heard the report of the Rapporteur of the First Committee.

6. At its 3rd meeting, the amendment by the Federal Republic of Germany (A/CONF.97/C.1/L.96) and the first part of the amendment by the United Kingdom (A/CONF.97/C.1/L.88) were orally amended by the Netherlands. This amendment was to the effect of striking the words "at the time of signature, ratification or accession" and replacing them by the words "at any time". This amendment was accepted. In referring the article to the Drafting Committee, the Committee agreed that the words "at any time" did not mean that declarations made in accordance with article X [became CISG article 96 ] could be applied retroactively.

7. The second part of the amendment by the United Kingdom (A/CONF.97/C.1/L.88) was adopted.

8. The Committee also drew the attention of the Drafting Committee to the fact that the word "abrogation" was to mean "termination by agreement".

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 96, go to Plenary Conference 11th 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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