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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]

(. . .)

29
Article 27 [became CISG article 29 ]

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 27 [became CISG article 29 ]

"(1) A contract may be modified or abrogated by the mere agreement of the parties.

"(2) A written contract which contains a provision requiring any modification or abrogation to be in writing may not be otherwise modified or abrogated. However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct."

[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 27 [became CISG article 29 ] by Norway (A/C0NF.97/C.1/L.66), the United States (A/CONF.97/C.1/L.119) and Italy (A/C0NF.97/C.1/L.68).

3. These amendments were to the following effect:

Article as a whole.

(i) Norway (A/CONF.97/C.1/L.66):

It is proposed that article 27 [became CISG article 29 ] should be placed in part III on formation of the contract, for instance as article 21 [became CISG article 23 ].

[Rejected: see Consideration, 5, below.]

Paragraph (1).

(ii) United States (A/CONF.97/C.1/L.119):

Replace the word "abrogated" in paragraph (1) of article 27 [became CISG article 29 ] by the word "terminated".

[Referred to Drafting Committee: see Consideration, 5, below.]

Paragraph (2).

(iii) United States (A/CONF.97/C.1/L.119):

In the first sentence of paragraph (2), replace the word "abrogation" by the words "termination by agreement" and the word "abrogated" by the words "terminated by agreement".

[Referred to Drafting Committee: see Consideration, 5, below.]

New paragraph.

(iv) Italy (A/CONF.97/C.1/L.68):

Add a new paragraph (3) to article 27 [became CISG article 29 ]:

"(3) The preceding paragraph shall not apply where the provision requiring modifications or abrogations of the contract to be in writing is contained in general conditions prepared by one party and that party either directly or through an authorized agent orally agrees to modify or abrogate his general conditions."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article 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 Norway (A/CONF.97/C.1/L.66) was rejected by 9 votes in favour and 27 against with 9 abstentions, the amendments by the United States (A/CONF.97/C.1/L.119) were referred to the Drafting Committee, the amendment by Italy (A/CONF.97/C.1/L.68) was rejected, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 29, 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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