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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. 70

Article 67

554. The text of article 67, as adopted by the Working Group on the 1nternational Sale of Goods, is as follows:

"If the seller has committed a fundamental breach of contract, the provisions of articles 65 and 66 do not impair the remedies available to the buyer on account of such breach."

555. The Committee adopted a proposal to extend the operation of article 67 to all cases where the buyer has a right to declare the contract avoided rather than restricting it to cases where there has been a fundamental breach of contract. In particular, article 67 will operate when the conditions of articles 30(1)(b), 45(1)(b) and article 49 are satisfied.

Decision

556. The Committee recommends that the Commission should adopt the following text, now renumbered as article 68:

"Article 68

"If the seller has committed a fundamental breach of contract, the provisions of articles 65, 66 and 67 do not impair the remedies available to the buyer on account of such breach." [page 64]

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Pace Law School Institute of International Commercial Law - Last updated July 27, 2007
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