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LEGISLATIVE HISTORY
Legislative history if CIGS article 64:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

      1978 Draft article 60                              CISG article 64 
  
(1)The seller may declare the contract   (1)The seller may declare the contract
   avoided:                                 avoided:                             

   (a)if the failure by the buyer to        (a)if the failure by the buyer to        
      perform any of his obligations           perform any of his obligations                                     
      under the contract and this              under the contract or this                                         
      Convention amounts to a fun-             Convention amounts to a fun-                                         
      damental breach of contract; or          damental breach of contract; or       

   (b)if the buyer has not, within the      (b)if the buyer does not, within the                                    
      additional period of time fixed          additional period of time fixed                                      
      by the seller in accordance with         by the seller in accordance with                                     
      paragraph (1) of article 59, per-        paragraph (1) of article 63, per-                                    
      formed his obligation to pay the         form his obligation to pay the                                       
      price or taken delivery of the           price or take delivery of the                                        
      goods, or if he has declared that        goods, or if he declares that he                                     
      he will not do so within the             will not do so within the period                                     
      period so fixed.                         so fixed.                                                            
                                                         
(2)However, in cases where the buyer      (2)However, in cases where the buyer                                           
   has paid the price, the seller loses      has paid the price, the seller loses                                        
   his right to declare the contract         the right to declare the contract                                           
   avoided if he has not done so:            avoided unless he does so:                                                  

   (a)in respect of late performance         (a)in respect of late performance                                         
      by the buyer, before the seller           by the buyer, before the seller                                        
      has become aware that perform-            has become aware that perform-                                         
      ance has been rendered; or                ance has been rendered; or                                             

   (b)in respect of any breach other         (b)in respect of any breach other                                         
      than late performance, or with-           than late performance by the                                           
      in a reasonable time                      buyer, within a reasonable time:                                       
      after he knew or ought to                 (i)after the seller knew or                                         
      have known of such breach,                ought to have known of the                                       
      or within a reasonable time               breach; or                                                         
      after the expiration of any                                                                                  
      additional period of time                 (ii)after the expiration of any                                     
      fixed by the seller in ac-                additional period of time                                        
      cordance with paragraph                   fixed by the seller in accord-                                   
      (1) of article 59 or the                  ance with paragraph (1) of                                       
      declaration by the buyer that             article 63, or after the buyer                                   
      he will not perform his                   has declared that he will not                                    
      obligations within such an                perform his obligations with-                                    
      additional period.                        in such an additional period.                                    


Editorial comments
There are several differences between the respective texts.  However,
none is said to be substantive (Official Records, pp. 412-413). The
Secretariat Commentary on 1978 Draft article 60 should therefore be relevant
to the interpretation of CISG article 64.

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