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LEGISLATIVE HISTORY
Legislative history of CISG article 32:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

       1978 Draft article 30                          CISG article 32 

(1)If the seller is bound to hand the    (1)If the seller, in accordance with the  
   goods   over to a carrier and if the     contract or this Convention, hands    
   goods  are not clearly marked with       the goods over to a carrier and if the 
   an address or are not otherwise          goods are not clearly identified to   
   identified to the contract, the seller   the contract by markings on the      
   must send the buyer a notice of the      goods, by shipping documents or     
   consignment which specifies the          otherwise, the seller must give the 
   goods.                                   buyer notice of the consignment    
                                            specifying the goods.              

(2)If the seller is bound to arrange for (2)If the seller is bound to arrange for  
   carriage of the goods, he must make      carriage of the goods, he must make    
   such contracts as are necessary for      such contracts as are necessary for    
   the carriage to the place fixed by       carriage to the place fixed by means  
   means of transportation which are        of transportation appropriate in the 
   appropriate in the circumstances         circumstances and according to the  
   and according to the usual terms for     usual terms for such transportation. 
   such transportation.

(3)If the seller is not bound to effect  (3)If the seller is not bound to effect  
   insurance in respect of the carriage     insurance in respect of the carriage  
   of the goods, he must provide the        of the goods, he must, at the buyer's  
   buyer, at his request, with all avail-   request, provide him with all avail-  
   able information necessary to en-        able information necessary to enable  
   able him to effect such insurance.       him to effect such insurance.         


Editorial comments
The Secretariat Commentary on 1978 Draft article 30 remains relevant to
CISG article 32.  CISG article 32 reflects various drafting changes, one of
which -- the change from "send" to "give" in paragraph (1) -- is commented 
on below.

Paragraph (1) of the 1978 Draft refers to seller's obligation to
"send the buyer a notice of the consignment which specifies the
goods" (emphasis added).  The legislative history of the
deliberations which led to this language reports that:  "The Committee 
considered but did not retain a proposal for an exception to the 
general rule... which provides that a party who  has sent a notice 
by appropriate means may rely on the notice even if it does not arrive.  
Under the proposal the seller could have relied on a notice sent...
only if the notice arrived" (UNCITRAL Yearbook VIII, A/CN.9/SER.A/1977, 
p. 36, para. 157).

CISG article 27 contains the general rule that: "Unless otherwise expressly 
provided in this Part of the Convention, if any notice, request or other 
communivation is given or made by a party in accordance with this Part 
and by means appropriate in the circumstances, a delay or error in the 
transmission of the communication or its failure to arrive does not 
deprive that party of the right to rely on the communication."

Paragraph (1) of CISG article 32 refers to seller's obligation to
"give the buyer notice of the consignment specifying the
goods" (emphasis added).  The Summary Records of Committee Meetings
of the Vienna Conference contain no explanation for the change from
"send" to "give".  However, the word "give" in CISG article 32 of
the Official Text tracks the word "given" in CISG article 27.  The 
general rule of CISG article 27 would therefore appear to remain
applicable to notice under CISG article 32(1).

The Secretariat Commentary on 1978 Draft article 30 should be read in
conjunction with this explanation.

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