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LEGISLATIVE HISTORY

Legislative history of CISG article 63: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 59

(1) The seller may fix an additional period of time of reasonable length for performance by the buyer of his obligations.

(2) Unless the seller has received notice from the buyer that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract. However, the seller is not deprived thereby of any right he may have to claim damages for delay in the performance.

  

CISG article 63

(1) The seller may fix an additional period of time of reasonable length for performance by the buyer of his obligations.

(2) Unless the seller has received notice from the buyer that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract. However, the seller is not deprived thereby of any right he may have to claim damages for delay in performance.


Editorial comments

CISG article 63 and 1978 Draft article 59 are identical except for the concluding reference to "delay in performance" rather than "delay in the performance". The Secretariat Commentary on 1978 Draft article 59 should therefore be relevant to the interpretation of CISG article 63.


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