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LEGISLATIVE HISTORY

Legislative history of CISG article 58: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 54 CISG article 58 (1)The buyer must pay the price when (1)If the buyer is not bound to pay the the seller places either the goods or price at any other specific time, he documents controlling their must pay it when the seller places disposition at the buyer's disposal either the goods or documents in accordance with the contract and controlling their disposition at the this Convention. The seller may buyer's disposal in accordance with make such payment a condition for the contract and this Convention. handing over the goods or The seller may make such payment documents. a condition for handing over the goods or documents.

(2)If the contract involves carriage of (2)If the contract involves carriage of the goods, the seller may dispatch the goods, the seller may dispatch the goods on terms whereby the the goods on terms whereby the goods, or documents controlling goods, or documents controlling their disposition, will not be handed their disposition, will not be handed over to the buyer except against over to the buyer except against payment of the price. payment of the price.

(3)The buyer is not bound to pay the (3)The buyer is not bound to pay the price until he has had an opportunity price until he has had an opportunity to examine the goods, unless the to examine the goods, unless the procedures for delivery or payment procedures for delivery or payment agreed upon by the parties are agreed upon by the parties are inconsistent with his having such inconsistent with his having such an opportunity. an opportunity.


Editorial comments

Paragraphs (2) and (3) of CISG article 58 are identical to paragraph (2) and (3) of 1978 Draft article 54. The first portion of paragraph (1) has been modified to bring "the text...into line with that of [CISG article 57]" (Mr. GHESTIN (France), (Official Records, p. 369). The Secretariat Commentary on 1978 Draft article 54 should be relevant to the interpretation of CISG article 58.


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