LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

2	Article 2 [became CISG article 2 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. UNCITRAL text

1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:

"Article 2 [became CISG article 2 ]

"This Convention does not apply to sales:

"(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use;

"(b) by auction;

"(c) on execution or otherwise by authority of law;

"(d) of stocks, shares, investment securities, negotiable instruments or money;

"(e) of ships, vessels or aircraft;

"(f) of electricity."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to article 2 [became CISG article 2 ] by Czechoslovakia (A/CONF.97/C.1/L.2), Canada (A/CONF.97/C.1/L.11), India (A/CONF.97/C.1/L.12).

3. These amendments were to the following effect:

Paragraph (a).

Czechoslovakia (A/CONF.97/C.1/L.2):

(i) Meetings

4. The First Committee considered article 2 [became CISG article 2 ] at its [1st meeting and 2nd meeting; see also 35th meeting of First Committee].

(ii) Consideration

5. At the 1st meeting, the amendment by Czechoslovakia (A/CONF.97/C.I/L.2) was withdrawn.

6. At the 2nd meeting, the amendment by Canada was rejected by 11 votes in favour, 28 against, with 6 abstentions.

7. At the 2nd meeting, the amendment by India was adopted by 15 votes in favour, 12 against, with 17 abstentions, and the UNCITRAL text adopted subject to this amendment.

[For subsequent Conference material on the development/approval of the final text of CISG article 2, go to Plenary Conference 6th meeting (continued)]

[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]

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