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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

[...]

CISG
number		 Art. 51

Article 32

304. The text of article 32 as adopted by the Working Group on the International Sale of Goods is as follows:

"(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, the provisions of article 27 to 31 apply in respect of the part which is missing or which does not conform.
"(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely and in conformity with the contract amounts to a fundamental breach of the contract."

Paragraph (2)

305. The Committee decided that paragraph (2) should be drafted in such a manner as to make it clear that the buyer had the power to declare the contract avoided under this provision where there was either a failure to make a complete delivery or a failure to deliver goods which conform to the contract.

Decision

306. The Committee concludes that no change in substance is called for in respect of this article. It therefore recommends that the Commission should adopt the following text, now renumbered as article 33:

"Article 33

"(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, the provisions of articles 28 to 32 apply in respect of the part which is missing or which does not conform.
"(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract." [page 47]

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Pace Law School Institute of International Commercial Law - Last updated July 25, 2007
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