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Source: Doc. B(1) Reproduced from UNCITRAL Yearbook VIII (1977), A/32/17, pages 25-64

EXCERPT FROM ANNEX I

Report of Committee of the Whole I relating to the
draft Convention on the International Sale of Goods

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CISG
number		 Art. 34

Article 18

162. The text of article 18, as adopted by the Working Group on the International Sale of Goods, is as follows:

"If the seller is required to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the contract."

163. The Committee concludes that no change of substance is called for in respect of article 18. It therefore recommends that the Commission adopt the following text:

"Article 18

"If the seller is bound to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the contract."

Proposed Article 18 bis

164. The Committee considered a proposal to add the following article as article 18 bis:

"The buyer loses the right to rely on any late performance by the seller if he does not give the seller notice thereof within a reasonable time after performance was rendered."

165. In support of this proposal, it was stated that the article would parallel the requirement in article 23 of the giving of a notice specifying the nature of any lack of conformity of the goods. However, the Committee did not retain the proposal as it was generally considered that the buyer should not lose his remedies for late performance by the seller simply because he had failed to give notice. [page 36]

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Go to entire text of Report of the 1977 UNCITRAL Committee of the Whole I relating to draft Convention on International Sale of Goods
Pace Law School Institute of International Commercial Law - Last updated July 17, 2007
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