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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. 59

Article 40

349. The text of article 40, as approved by the Working Group on the International Sale of Goods, is as follows:

"The buyer must pay the price on the date fixed or determinable by the contract or this Convention without the need for any formalities."

350. The Committee considered a proposal that article 40 read as follows:

"The buyer must pay the price on the date fixed or determinable by the contract or this Convention without the need for any request or other formality on the part of the seller."

351. There was general support for this proposal which would make it clear that the buyer's obligation to pay the price on a date fixed or determinable by the contract and the Convention was not dependent upon the seller making a request or going through any other formality. The proposal was therefore adopted.

Decision

352. The Committee adopted in substance the proposal to amend this article to specify that the article is concerned only with eliminating the need for formalities on the part of the seller. It therefore recommends that the Commission should adopt the following text, now renumbered as article 41:

"Article 41

"The buyer must pay the price on the date fixed by or determinable from the contract-and this Convention without the need for any request or other formality on the part of the seller." [page 50]

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