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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

27
Article 25 [became CISG article 27 ]

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 25 [became CISG article 27 ]

"Unless otherwise expressly provided in Part III of this Convention, if any notice, request or other communication is given by a party in accordance with Part III and by means appropriate in the circumstances, a delay or error in the transmission of the communication or its failure to arrive does not deprive that party of the right to rely on the communication."

[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 25 [became CISG article 27 ] by the Federal Republic of Germany (A/CONF.97/C.1/L.65) and the German Democratic Republic (A/CONF.97/C.1/L.123).

3. These amendments were to the following effect:

(i) Federal Republic of Germany (A/CONF.97/C.1/L.65):

It is suggested that article 25 [became CISG article 27 ] be inserted in Part I of the Convention and that the first lines of the provision be worded as follows:

"Unless otherwise expressly provided in this Convention, if any notice, request or other communication is given by a party in accordance with this Convention and by means appropriate in the circumstances . . ."

[Rejected: see Consideration, 5, below.]

(ii) German Democratic Republic (A/CONF.97/C.1/L.123).

Replace the words "in accordance with Part III" in the third line of article 25 [became CISG article 27 ] by the words "in accordance with articles 37, 39 (2) and 40 (2) [became CISG article 39 , CISG article 43(1) and CISG article 42(2) ]".

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 25 [became CISG article 27 ] at its 13th meeting on 19 March 1980 [see also 36th meeting of First Committee].

(ii) Consideration

5. At the 13th meeting, the amendment by the Federal Republic of Germany (A/CONF.97/C.1/L.65) was rejected by 7 votes in favour and 25 against, the amendment by the German Democratic Republic (A/CONF.97/C.1/L.123) was rejected by 11 votes in favour and 17 against, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 27, go to Plenary Conference 7th meeting]

[E. Overview Comments]

[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]

(. . .)


Pace Law School Institute of International Commercial Law - Last updated September 8, 2000
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