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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

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

  

CISG article 40

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


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