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LEGISLATIVE HISTORY

Legislative history of CISG article 4: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 4 CISG article 4

This Convention governs only the for- This Convention governs only the for- mation of the contract of sale and the mation of the contract of sale and the rights and obligations of the seller and rights and obligations of the seller and the buyer arising from such a contract. the buyer arising from such a contract. In particular, except as otherwise In particular, except as otherwise expressly provided therein, this expressly provided in this Convention, Convention is not concerned with: it is not concerned with:

(a)the validity of the contract or any (a)the validity of the contract or any of its provisions or of any usage; of its provisions or of any usage;

(b)the effect which the contract may (b)the effect which the contract may have on the property in the goods have on the property in the goods sold. sold.


Editorial comments

CISG article 4 and 1978 Draft article 4 are identical except to conform the second sentence to the substitution of "in" for "therein". The Secretariat Commentary on 1978 Draft article 4 should therefore be relevant to the interpretation of CISG article 4.


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