Go to Database Directory || Go to Table of Contents to Annotated Text of CISG || Go to Legislative History Search Form











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]

(. . .)

4, 5
Article 4 [became CISG article 4 ] and [Article 4 bis [became CISG Article 5 ]]

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 4 [became CISG article 4 ]

"This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided therein, this Convention is not concerned with:

"(a) The validity of the contract or of any of its provisions or of any usage;

"(b) the effect which the contract may have on the property in the goods sold."

[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 4 [became CISG article 4 ] by Norway (A/CONF.97/C.1/L.14), United States of America (A/CONF.97/C.1/L.4), France (A/CONF.97/C.l/L.20), Finland (A/CONF.97/C.1/L.21), and Finland, France, United States of America (A/CONF.97/C.1/L.51).

3. These amendments were to the following effect:

New paragraph (2).

(i) Norway (A/CONF.97/C.1/L.14): Add the following as a new paragraph 2.

"(2) This Convention does not govern the settlement between the parties in cases where the seller exercises his right under a contractual clause reserving the right of property in, or other lien on, the goods for the purpose of securing payments due under the contract."

[Withdrawn: see Consideration, 5, below.]

[ARTICLE 4 bis] [became CISG article 5 ]

(ii) United States of America (A/CONF.97/C.1/L.4):

Add a new paragraph to read as follows:

"(c) claims for damages due to personal injury."

[Consolidated into joint proposal, Finland, France, United States of America (A/CONF.97/C.1/L.51). Adopted and referred to Drafting Committee: see Consideration, 6, below.]

(iii) France (A/CONF.97/C.1/L.20):

Insert a new article 4 bis [became CISG article 5 ] reading as follows:

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

[Consolidated into joint proposal, Finland, France, United States of America (A/CONF.97/C.1/L.51). Adopted and referred to Drafting Committee: see Consideration, 6, below.]

(iv) Finland (A/CONF.97/C.1/L.21):

Add the following new paragraph to article 4 [became CISG article 5 ]:

"This Convention does not govern the liability of the seller for injury to person or for damage caused by the goods sold to other goods."

[Consolidated into joint proposal, Finland, France, United States of America (A/CONF.97/C.1/L.51). Adopted and referred to Drafting Committee: see Consideration, 6, below.]

(v) Finland, France, United States of America (A/CONF.97/C.1/L.51):

Add a new 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 injury caused by the goods to any person."

[Adopted and referred to Drafting Committee: see Consideration, 6, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 4 [and article 4 bis] [became CISG article 4 and CISG article 5 ] at its 3rd meeting on 12 March 1980 [see also 24th meeting and 35th meeting of First Committee].

(ii) Consideration

5. At the 3rd meeting, the amendment by Norway (A/CONF.97/C.1/L.14) was withdrawn.

6. At the 3rd meeting, the amendments by United States of America (A/CONF.97/C.1/L.4), France (A/CONF.97/C.1/L.20) and Finland (A/CONF.97/C.1/L.21) were consolidated as a joint proposal of Finland, France, United States of America (A/CONF.97/C.1/L.51). The joint proposal (A/CONF.97/C.1/L.51) was adopted and referred to the Drafting Committee, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 4 and of CISG article 5, go to Plenary Conference 6th meeting (continued)]

[E. Overview Comments]

[English translation of report on the significance of the deliberations on these articles at the Diplomatic Conference prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter: overview comments on CISG article 4; overview comments on CISG article 5.]

(. . .)


Pace Law School Institute ofInternational Commercial Law - Last updated October 11, 2000
Go to Database Directory || Go to Table of Contents to Annotated Text of CISG || Go to Legislative History Search Form