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

LEGISLATIVE HISTORY
Legislative history of CISG article 45:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

      1978 Draft article 41                          CISG article 45

(1)If the seller fails to perform any of    (1)If the seller fails to perform any of 
   his obligations under the contract          his obligations under the contract    
   and this Convention, the buyer may          or this Convention, the buyer may:      
   

   (a)exercise the rights provided in          (a)exercise the rights provided in  
      articles 42 to 48;                          articles 46 to 52;             

   (b)claim damages as provided in             (b)claim damages as provided in   
      articles 70 to 73;                          articles 74 to 77.            

(2)The buyer is not deprived of any         (2)The buyer is not deprived of any           
   right he may have to claim damages          right he may have to claim damages         
   by exercising his right to other re-        by exercising his right to other re-       
   medies.                                     medies.                                    
                                                                                          
(3)No period of grace may be granted        (3)No period of grace may be granted          
   to the seller by a court or arbitral        to the seller by a court or arbitral       
   tribunal when the buyer resorts to a        tribunal when the buyer resorts to a       
   remedy for breach of contract.              remedy for breach of contract.             


Editorial comments
Paragraph (1) of CISG article 45 refers to "the contract or this
Convention" rather than "the contract and this Convention".  The only other
modification to 1978 Draft article 41 was to conform the article references
to the new sequence.  The Secretariat Commentary on 1978 Draft article 41
should therefore be relevant to the interpretation of CISG article 45.

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