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LEGISLATIVE HISTORY

Legislative history of CISG article 51: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 47

(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, the provisions of articles 42 to 46 apply in respect of the part which is missing or which does not conform.

(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract.

  

CISG article 51

(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is missing or which does not conform.

(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract.


Editorial comments

The only modification to 1978 Draft article 47 was to delete the words "the provision of" from paragraph (1) and to conform the article references to the new sequence. The Secretariat Commentary on 1978 Draft article 47 should therefore be relevant to the interpretation of CISG article 51.


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