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LEGISLATIVE HISTORY

Legislative history of CISG article 39: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 37

(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless such time-limit is inconsistent with a contractual period of guarantee.

  

CISG article 39

(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to he seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual period of guarantee.


Editorial comments

CISG article 39 and 1978 Draft article 37 are identical. The Secretariat Commentary on 1978 Draft article 37 should therefore be relevant to the interpretation of CISG article 39.

One should, however, recognize that a new CISG article 44 has been added to the Official Text. This new article can impact upon CISG article 39(1).


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