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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                                 CISG article 65 

(1)If under the contract the buyer is to  (1)If under the contract the buyer is to                                       
   specify the form, measurement or          specify the form, measurement or                                            
   other features of the goods and he        other features of the goods and he                                          
   fails to make such specification          fails to make such specification                                            
   either on the date agreed upon or         either on the date agreed upon or                                           
   within a reasonable time after re-        within a reasonable time after re-                                          
   ceipt of a request from the seller,       ceipt of a request from the seller,                                         
   the seller may, without prejudice to      the seller may, without prejudice to                                        
   any other rights he may have, make        any other rights he may have, make                                          
   the specification himself in accord-      the specification himself in accord-                                        
   ance with any requirement of the          ance with the requirements of the                                           
   buyer that may be known to him.           buyer that may be known to him.                                             
                                                                                                                                
(2)If the seller makes the specifications (2)If the seller makes the specifications                                      
   himself, he must inform the buyer         himself, he must inform the buyer                                           
   of the details thereof and must fix a     of the details thereof and must fix a                                       
   reasonable time within which the          reasonable time within which the                                            
   buyer may make a different speci-         buyer may make a different speci-                                           
   fication. If the buyer fails to do so     fication. If, after receipt of such a                                       
   after receipt of such a communica-        communication, the buyer fails to                                           
   tion, the specification made by the       do so within the time so fixed, the                                         
   seller is binding.                        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.

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