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LEGISLATIVE HISTORY

Legislative history of CISG article 61: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 57

(1) If the buyer fails to perform any of his obligations under the contract and this Convention, the seller may:

(a) exercise the rights provided in articles 58 to 61;

(b) claim damages as provided in articles 70 to 73;

(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract.

  

CISG article 61

(1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may:

(a) exercise the rights provided in articles 62 to 65;

(b) claim damages as provided in articles 74 to 77;

(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract.


Editorial comments

The only modifications were to change "and" to "or" in paragraph (1) and to conform the article references to the new sequence. The Secretariat Commentary on 1978 Draft article 57 should therefore be relevant to the interpretation of CISG article 61.


Pace Law School Institute of International Commercial Law - Last updated July 12, 1999
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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