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


LEGISLATIVE HISTORY

Legislative history of CISG article 47: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 43

(1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in the performance.

  

CISG article 47

(1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in performance.


Editorial comments

CISG article 47 is identical to 1978 Draft article 43 except for a reference to "delay in performance" rather than "delay in the performance". The Secretariat Commentary on 1978 Draft article 43 should therefore be relevant to the interpretation of CISG article 47.


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