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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]

(. . .)

40
Article 38 [became CISG article 40 ]

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 38 [became CISG article 40 ]

"The seller is not entitled to rely on the provisions of articles 36 and 37 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer."

[Go to Secretariat Commentary on the above text]

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

B. Amendment

2. An amendment was submitted to article 38 [became CISG article 40 ] by the German Democratic Republic (A/CONF.97/C.l/L.132).

3. The amendment was to the following effect:

German Democratic Republic (A/CONF.97/C.1/L.132):

This article should be deleted.

[Withdrawn: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 38 [became CISG article 40 ] at its [17th meeting and 21st meeting] on 21 and 25 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 21st meeting, the amendment by the German Democratic Republic (A/CONF.97/C.1/L.132) was withdrawn, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 40, 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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