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LEGISLATIVE HISTORY

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


1978 Draft article 41

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

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

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

(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.

  

CISG article 45

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

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

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

(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a 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.


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