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."
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:
This article should be deleted.
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 At the 21st meeting, the amendment by the German Democratic Republic (A/CONF.97/C.1/L.132) was withdrawn, and the UNCITRAL text adopted.
[For subsequent Conference material on the development/approval of the final text of CISG article 40, go to Plenary Conference 7th meeting]
[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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