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LEGISLATIVE HISTORY

Legislative history of CISG article 57: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 53

(1) If the buyer is not bound to pay the price at any other particular place, he must pay it to the seller:

(a) at the seller's place of business; or

(b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.

(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in the place of business of the seller subsequent to the conclusion of the contract.

  

CISG article 57

(1) If the buyer is not bound to pay the price at any other particular place, he must pay it to the seller:

(a) at the seller's place of business; or

(b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.

(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in his place of business subsequent to the conclusion of the contract.


Editorial comments

CISG article 57 is identical to 1978 Draft article 53 except for the reference to "his place of business" in paragraph (2) rather than "the place of business of the seller". The Secretariat Commentary on 1978 Draft article 53 should therefore be relevant to the interpretation of CISG article 57.


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