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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

M. Proposals and Amendments Submitted to the Plenary Conference


Norway
Document A/CONF.97/L.1

[Original: English]
[7 April 1980]

5 Article 4 bis [became CISG article 5 ]

Revise article 4 bis [became CISG article 5 ] to read as follows:

"This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person."

Note Drafting: Compare the French version "lésions corporelles" and the Prescription Convention article 5(a).

Finland
Document A/CONF.97/L.2

[Original: English]
[7 April 1980]
80 Article 65 bis [became CISG article 80 ]

Delete the word "own".

Argentina, Belgium
Document A/CONF.97/L.3

[Original: English/French]
[7 April 1980]
10 Article 9 [became CISG article 10 ]

It is proposed that a new paragraph be added to article 9 [became CISG article 10 ]:

"( ) a place of business is a place where the party maintains a business organization having power to negotiate or conclude contracts of sale or purchase in the name of the party."

Czechoslovakia
Document A/CONF.97/L.4

[Original: English]
[7 April 1980]
95 New article C bis [became CISG article 95 ]

Insert a new article C bis [became CISG article 95 ] following article C in Part IV of the draft Convention as follows:

Alternative I:

"(1) Any State may declare at the time of the deposit of its instrument of ratification or accession that it will not apply subparagraph (b) of paragraph (1) of article 1 of this Convention [became CISG article 1 ].

(2) This Convention does not apply if the rules of private international law lead to the application of the law of a State making a declaration under the preceding paragraph unless places of business of the parties to the contract are in different Contracting States."
Alternative II:
Paragraph (1) only.

Norway
Document A/CONF.97/L.5

[Original: English]
[7 April 1980]
35 Article 33 [became CISG article 35 ]

Paragraph (3):

Redraft paragraph (3) as follows:

"(3) The seller is not liable under the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity."

Note: This amendment is intended as a drafting amendment.


Norway
Document A/CONF.97/L.6

[Original: English]
[7 April 1980]
44 Article 40 ter [became CISG article 44 ]

Revise article 40 ter [became CISG article 44 ] to read as follows:


"Notwithstanding paragraph (1) of article 37 [became CISG article 39 ] and paragraph (1) of article 40 bis [became CISG article 43 ], the buyer may reduce the price in accordance with article 46 [became CISG article 50 ] or claim damages except for loss of profit in accordance with articles 70 through 73 [became CISG article 74 , CISG article 75 , CISG article 76 and CISG article 77 ], if he could not reasonably be expected to give the required notice because of a circumstance beyond his control or another good ground. "

Norway
Document A/CONF.97/L.7

[Original: English]
[7 April 1980]
64 Article 60 [became CISG article 64 ]

Paragraph (2)(a):

Revise paragraph (2)(a) as follows:

"(a) in respect of late performance by the buyer, before the seller has become aware that performance has been rendered by payment or taking delivery, as the case may be;"

Note: This amendment is intended to indicate in express terms the interpretation preferred by Committee 1.

Sweden
Document A/CONF.97/L.8

[Original: English]
[7 April 1980]
9 Article 8 [became CISG article 9 ]

Paragraph (2):


Insert in the second paragraph after "a usage" the words: "or a general understanding"
Note: Doubts may arise whether a specific expression as a trade-term which is widely understood in a particular sense also is covered by "usage". The interpretation or understanding thereof should, however, follow the same rules as set out for usages in article 8 [became CISG article 9 ], paragraph (2).

Denmark, Sweden
Document A/CONF.97/L.9

[Original: English]
[7 April 1980]
29 Article 27 [became CISG article 29 ]

Paragraphs (1) and (2) should be voted upon separately (rule 38). Paragraph (2) (= agreed written form) should be either moved to Part II of the Convention (as article 22 bis) or (if not moved) not to be adopted.

Note: Paragraph (1) deals with the doctrine of frustration, paragraph (2) with written form as agreed between parties for modifications of a contract. Provisions of the latter type -- often appearing as small print in General Conditions issued by the stronger party -- may easily be abused and should not be encouraged.


Norway
Document A/CONF.97/L.10

[Original: English]
[7 April 1980]
80 Article 65 bis [became CISG article 80 ]

Revise article 65 bis [became CISG article 80 ] as follows:

A party may not rely on a failure of the other party to perform, to the extent that such failure was caused by the first party's act or omission.

Note: This amendment is intended as a drafting amendment.

Australia, Greece, Mexico, Norway, Turkey
Document A/CONF.97/L.11

[Original: English]
[7 April 1980]
76 Article 72 [became CISG article 76 ]

Paragraph (1)

Revise paragraph (1) of article 72 [became CISG article 76 ] to read as follows:

"(1) If the contract is avoided and there is a current price for the goods, the party claiming damages may, if he has not made a purchase or resale under article 71 [became CISG article 75 ], recover the difference between the price fixed by the contract and the current price at the time of avoidance as well as any further damages recoverable under article 70 [became CISG article 74 ]. If, however, the party claiming damages has avoided the contract after taking over the goods, the current price at the time of such taking over shall be applied instead of the current price at the time of avoidance. "

Ghana
Document A/CONF.97/L.12

[Original: English]
[7 April 1980]
71 Article 62 [became CISG article 71 ]

Paragraph (l)

Revise article 62 [became CISG article 71 ], paragraph (1) to read as follows:

"(1) A party may, if it is reasonable to do so, suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of:

"(a) a serious deficiency in his ability to perform or in his creditworthiness, or

"(b) his conduct in preparing to perform or in performing the contract."

Norway
Document A/CONF.97/L.13

[Original: English]
[7 April 1980]
52 Article 48 [became CISG article 52 ]

Paragraph (1)

Redraft paragraph (1) to read as follows:

"(1) If the seller delivers the goods before the date fixed by or determinable from the contract, the buyer may take delivery or refuse to take delivery. "

Note: This amendment is intended to achieve consistency with the corresponding expression in articles 12(1), 31(a) and 55 [became CISG articles 14(1) , CISG article 33(a) and CISG article 59 ] .

Argentina, Egypt, Finland, Pakistan, Turkey
Document A/CONF.97/L.14

[Original: English]
[7 April 1980]
67 Article 79 [became CISG article 67 ]

The words "in accordance with the contract of sale" to be added after the words "the first carrier".


Argentina, Egypt, Pakistan, Republic of Korea, Turkey
Document A/CONF.97/L.15

[Original: English]
[7 April 1980]
68 Article 80 [became CISG article 68 ]

The first sentence of article 80 [became CISG article 68 ] may be amended to read as follows:

" Unless otherwise indicated, the risk in respect of goods sold in transit is assumed by the buyer from the time the contract is concluded".

United Kingdom
Document A/CONF.97/L.16

[Original: English]
[8 April 1980]
78 New article in Part I

Insert in Part I, chapter I (sphere of application) a new article to read as follows:

" This Convention is not concerned with the payment of interest."

United Kingdom
Document A/CONF.97/L.17

[Original: English]
[8 April 1980]
84 Article 69 [became CISG article 84 ]

Paragraph (l)

Delete paragraph (1) of article 69 [became CISG article 84 ] .

United Kingdom
Document A/CONF.97/L.18

[Original: English]
[8 April 1980]
78 Article 73 bis [became CISG article 78 ]

Delete article 73 bis [became CISG article 78 ] .


Mexico, Panama, Peru
Document A/CONF.97/L.19

[Original: English]
[8 April 1980]
New article on dispute settlement

Add a new article (on dispute settlement) as follows, to be placed at the end of the substantive provisions of the Convention:


"The parties to a contract of sale under this Convention may submit any dispute arising out of the interpretation or application of this Convention to ordinary or arbitration courts established in territories of any of the States being Parties to the present Convention: parties may agree on their own rules to resolve disputes, including provisions on the appointment of arbitrators."

Egypt
Document A/CONF.97/L.20

[Original: French]
[9 April 1980]
72 Article 63 [became CISG article 72 ]

Paragraph 2

Delete the words "if time allows".

Norway
Document A/CONF.97/L.21

[Original: English]
[9 April 1980]

Draft Protocol, article VI

Revise article VI of the draft Protocol as follows:

Article VI

In paragraph (1) of article 40 add the following new sentences at the end:

"Nevertheless, reciprocal unilateral declarations under paragraph (1) of article 34 shall take effect on the first day of the month following the expiration of six months after the receipt of the latest declaration by the Secretary-General of the United Nations. A declaration made by a new Contracting State under paragraph (3) of article 34 shall take effect as from the date on which the Convention enters into force in respect of such State, provided that its declaration is received by the Secretary-General of the United Nations before that date."

Singapore
Document A/CONF.97/L.22

[Original: English]
[9 April 1980]
88 Article 77 [became CISG article 88 ]

Paragraph (2)

Revise the first sentence of paragraph (2) to read as follows:


"(2) If the goods are perishable or their preservation would involve unreasonable expense, a party who is bound to preserve the goods in accordance with article 74 or 75 [became CISG article 85 or CISG article 86 ] must take reasonable measures to sell them."

or

"(2) If the goods are subject to rapid deterioration or their preservation would involve unreasonable expense, a party who is bound to preserve the goods in accordance with article 74 or 75 [became CISG article 85 or CISG article 86 ] must take reasonable measures to sell them. "

Drafting Committee
Document A/CONF.97/L.23

[Arabic, Chinese, English, French, Russian, Spanish]
[9 April 1980]
71 Articles 62 and 80 [became CISG article 71 and CISG article 68 ]

Article 62 [became CISG article 71 ]

(Applies to French text only)
68 Article 80 [became CISG article 68 ]


The risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.

Pace Law School Institute of International Commercial Law - Last updated May 6, 1999
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