Go to Database Directory || Go to CISG Table of Contents


LEGISLATIVE HISTORY

Legislative history of CISG article 37: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 35

If the seller has delivered goods before the date for delivery he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non-conforming goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. The buyer retains any right to claim damages as provided for in this Convention.

  

CISG article 37

If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non-conforming goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention.


Editorial comments

CISG article 37 and 1978 Draft article 35 are identical except that the second sentence of CISG article 37 commences with the word, "However". The Secretariat Commentary on 1978 Draft article 35 should therefore be relevant to the interpretation of CISG article 37.


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