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LEGISLATIVE HISTORY

Legislative history of CISG article 86: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 75

(1) If the goods have been received by the buyer and he intends to reject them, he must take such steps as are reasonable in the circumstances to preserve them. He may retain them until he has been reimbursed his reasonable expenses by the seller.

 

(2) If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller, provided that he can do so without payment of the price and without unreasonable inconvenience or unreasonable expense. This provision does not apply if the seller or a person authorized to take charge of the goods on his behalf is present at the destination.

  

CISG article 86

(1) If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. He is entitled to retain them until he has been reimbursed his reasonable expenses by the seller.

(2) If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller, provided that this can be done without payment of the price and without unreasonable inconvenience or unreasonable expense. This provision does not apply if the seller or a person authorized to take charge of the goods on his behalf is present at the destination. If the buyer takes possession of the goods under this paragraph, his rights and obligations are governed by the preceding paragraph.


Editorial comments

CISG article 86 and 1978 Draft article 75 are substantively identical, with a third sentence added to paragraph (2). The explanation is: "Mrs. KAMARUL (Australia) said that her delegation's amendment ... was intended to make it clear in article 75(1) [of the 1978 Draft] that the buyer was obliged to preserve the goods if he had received them and intended to reject them, even in the case envisaged in [Draft] article 75(2), namely when the buyer had taken possession of them on behalf of the seller in the circumstances set out in the paragraph...." (Official Records, p. 399). The Secretariat Commentary on 1978 Draft article 75 should be relevant to the interpretation of CISG article 86.


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