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LEGISLATIVE HISTORY

Legislative history of CISG article 65: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 61

(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with any requirement of the buyer that may be known to him.

(2) If the seller makes the specifications himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If the buyer fails to do so after receipt of such a communication, the specification made by the seller is binding.

  

CISG article 65

(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him.

(2) If the seller makes the specifications himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If, after receipt of such a communication, the buyer fails to do so within the time so fixed, the specification made by the seller is binding.


Editorial comments

The paragraph (1) phrase "any requirement of the buyer" reads "the requirements of the buyer". Also, the last sentence of paragraph (2) reads "If, after receipt of such a communication, the buyer fails to do so within the time so fixed" rather than "If the buyer fails to do so after receipt of such a communication". CISG article 65 is in all other respects identical to 1978 Draft article 61. The Secretariat Commentary on 1978 Draft article 61 should therefore be relevant to the interpretation of CISG article 65.


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