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LEGISLATIVE HISTORY

Legislative history of CISG article 7: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 6

In the interpretation and application of the provisions of this Convention, regard is to be had to its international character and to the need to promote uniformity and the observance of good faith in international trade.

  

CISG article 7

(1) In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

(2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law.


Editorial comments

Paragraph (1) of CISG article 7 is identical to 1978 Draft article 6 except for the deletion of "and application of the provisions" and the change of "the need to promote uniformity" to "the need to promote uniformity in its application". The Summary Records of Committee Meetings of the Vienna Diplomatic Conference refer to these as drafting modifications (Official Records, p.255). Many commentators do not regard these drafting modifications as effecting any substantive changes to the text. If these views are accurate, the Secretariat Commentary on 1978 Draft article 6 should be relevant to the interpretation of CISG article 7(1).

There is no counterpart to CISG article 7(2) in the 1978 Draft. Hence there is no Secretariat Commentary on this provision.


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