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Legislative history of CISG article 55: Match-up with 1978 Draft to assess relevance of Secretariat Commentary
1978 Draft article 51
If a contract has been validly concluded but does not state the price or expressly or impliedly make provision for the determination of the price of the goods, the buyer must pay the price generally charged by the seller at the time of the conclusion of the contract. If no such price is ascertainable, the buyer must pay the price generally prevailing at the aforesaid time for such goods sold under comparable circumstances.
CISG article 55
Where a contract has been validly concluded but does not expressly or implicitly fix or make provision for determining the price, the parties are considered, in the absence of any indication to the contrary, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.
There are meaningful differences between CISG article 55 and 1978 Draft article 51. Also, there has been much controversy as to the manner in which CISG article 55 should be interpreted, particularly when read in conjunction with CISG article 14. Although protions of the Secretariat Commentary on 1978 Draft article 51 can remain relevant, care should be taken when citing the Secretariat Commentary on 1978 Draft article 51 in the context of CISG article 55.
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