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LEGISLATIVE HISTORY

Legislative history of CISG article 3: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 3

(2) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.

(1) This Convention does not apply to contracts in which the preponderant part of the obligations of the seller consists in the supply of labour or other services.

  

CISG article 3

(1) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.

(2) This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods, consists in the supply of labour or other services.


Editorial comments

There is no substantive difference between CISG article 3 and 1978 Draft article 3. The order of the paragraphs has been reversed and CISG article 3 refers to "the obligations of the party who furnishes the goods" rather than "the obligations of the seller". Other than that, these provisions are identical. The Secretariat Commentary on 1978 Draft article 3 should therefore be relevant to the interpretation of CISG article 3.


Pace Law School Institute of International Commercial Law - Last updated July 12, 1999
Comments/Contributions

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG