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LEGISLATIVE HISTORY
Legislative history of CISG article 40:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

       1978 Draft article 38                               CISG article 40

The seller is not entitled to rely on the The seller is not entitled to rely on the 
provisions of articles 36 and 37 if the   provisions of articles 38 and 39 if the 
lack of conformity relates to facts of    lack of conformity relates to facts of
which he knew or could not have been      which he knew or could not have been 
unaware and which he did not disclose     unaware and which he did not disclose 
to the buyer.                             to the buyer.    


Editorial comments
The only modification was to conform the article references to the new
sequence.  The Secretariat Commentary on 1978 Draft article 38 should
therefore be relevant to the interpretation of CISG article 40.

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