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GUIDE TO CISG ARTICLE 87

Secretariat Commentary (closest counterpart to an Official Commentary)


Guide to the use of this commentary

The Secretariat Commentary is on the 1978 Draft of the CISG, not the Official Text, which re-numbered most of the articles of the 1978 Draft. The Secretariat Commentary on article 76 of the 1978 Draft is quoted below with the article references contained in this commentary conformed to the numerical sequence of the Official Text, e.g., article 76 [draft counterpart of CISG article 87].

To the extent it is relevant to the Official Text, the Secretariat Commentary on the 1978 Draft is perhaps the most authoritative source one can cite. It is the closest counterpart to an Official Commentary on the CISG. A match-up of this article of the 1978 Draft with the version adopted for the Official Text is necessary to document the relevancy of the Secretariat Commentary on this article. See the match-up for this article for a validation of citations to this Secretariat Commentary. This match-up indicates that article 76 of the 1978 Draft and CISG article 87 are substantively identical.


Text of Secretariat Commentary on article 76 of the 1978 Draft
[draft counterpart of CISG article 87]   [Deposit with third party]

PRIOR UNIFORM LAW

ULIS, article 93.

COMMENTARY

Article 76 [draft counterpart of CISG article 87] permits a party who is under obligation to take steps to preserve the goods to discharge his obligation by depositing them in the warehouse of a third person. The term "warehouse" should be interpreted broadly as any place appropriate for the storage of goods of the type in question (OFFICIAL RECORDS, p. 62).


Pace Law School Institute of International Commercial Law - Last updated August 30, 2006
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