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CISG article 70

Legislative history guidance provided: short form

Article 70 citations contained in the Official Records of the ViennaConference: Official Records of the United Nations Conference on Contractsfor the International Sale of Goods, Vienna 10 March-11 April 1980,(hereinafter “Official Records”) A/CONF. 97/19 pp. 128-129, 218, 408, 428. These documents are reprinted in Honnold, “DocumentaryHistory of the Uniform Law for International Sales” (Kluwer 1989)(hereinafter “Documentary History”) pp. 700-701, 753, 629, 649. For electronic access to this material, go to Chronology of development of Article 70 at the 1980 Vienna Diplomatic Conference.

Text of relevant Secretariat Commentary and caveats associated with itsuse: The Secretariat Commentary is on the 1978 Draft of the CISG, not theOfficial Text of this Convention. Prior to citing it, one should verify thatthe article of the 1978 Draft considered by the UNCITRAL Secretariat issubstantively the same as its CISG counterpart. This is generally the case butit is not always so. See Article 70: 1978 Draft/Official Text,for a match-up of this article of the 1978 Draft with the Official Text of theCISG. The match-up is accompanied by editorial comments prepared for thispresentation.

Accessing the Secretariat Commentary: The text of the SecretariatCommentary is presented in the Official Records of the Vienna DiplomaticConference at Official Records, pp. 14-66. A photo-offset copy of this text iscontained in Honnold’s Documentary History, pp. 404-456. For electronicaccess to the Secretariat Commentary applicable to this article, seeLegislative history of CISG article 70: Secretariat Commentary.

Article 70 citations to the UNCITRAL legislative history prior to the ViennaConference: UNCITRAL Yearbooks III (1972), V (1974) and VIII (1977);see Honnold, Documentary History, pp. 82, 168-173, 193, 195-196, 357. Forlibraries that have the Yearbooks but not the Documentary History, seecross reference to the applicable Yearbook citations

New Development: UNCITRAL has entered on the Internet all of the cited Yearbooks. Go to <http://www.uncitral.org/uncitral/en/publications/yearbook.html>

An aid to determining whether interpretations of antecedents to the CISG canbe relevant to the interpretation of this article: See Article70: ULIS-ULF/CISG, for match-up of ULF and ULIS provisions with thisarticle of the CISG. Citations to antecedents contained in the SecretariatCommentary are the primary guide to this match-up of antecedents. Europeancommentators, particularly from Germany and the Netherlands, frequently referto such ULIS and ULF antecedents of the CISG.

Caveat: Even where counterpart provisions appear similar or virtuallyidentical, a further verification is necessary prior to applying ULIS/ULFconcepts to the CISG. Each provision of each uniform law must be evaluated inits own context, in the setting of the uniform law in which it is contained.For this purpose, see full text of CISG,full text of ULIS andfull text of ULF.

Pace Law School Institute of International Commercial Law - Last updated May 3, 2007
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