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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]

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47
Article 43 [became CISG article 47 ]

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 43 [became CISG article 47 ]

"(1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.

"(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in the performance."

[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 43 [became CISG article 47 ] by Turkey (A/CONF.97/C.1/L.136), the United Kingdom (A/CONF.97/C.1/L.156), the United States of America (A/CONF.97/C.1/L.179) and the Netherlands (A/CONF.97/C.1/L.163).

3. These amendments were to the following effect:

Paragraph (1).

(i) Turkey (A/CONF.97/C.1/L.136) (for the English version only):

Replace the words "reasonable length" in paragraph (1) of article 43 [became CISG article 47 ] by the words "reasonable time".

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

(ii) United Kingdom (A/CONF.97/C.1/L.156):

Amend paragraph (1) so that it reads as follows:

"The buyer may give notice to the seller of an additional period of time of reasonable length for performance by the seller of his obligations."

[Rejected as orally amended: see Consideration, 6, below.]

(iii) United States (A/CONF.97/C.1/L.179):

Revise paragraph (1) of article 43 [became CISG article 47 ] to read as follows:

"(1) When the buyer has failed to deliver some or all of the goods, the buyer may fix an additional period of time of reasonable length for the delivery of the missing goods. "

[Withdrawn: see Consideration, 6, below.]

Paragraph (2).

(iv) Netherlands (A/CONF.97/C.1/L.163):

Revise the first sentence of paragraph (2) of article 43 [became CISG article 47 ] to read as follows:

"(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract which is inconsistent with the fixation of the additional period for performance by the seller."

[Withdrawn: see Consideration, 6, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article at its [19th meeting and 20th meeting] on 24 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 19th meeting, the amendment by Turkey (A/CONF.97/C.1/L.136) was referred to the Drafting Committee.

6. At the 20th meeting, the amendment by the United Kingdom (A/CONF.97/C.1/L.156) was modified orally by adding to that amendment a sentence to the effect that a notice by the buyer under paragraph (1) of this article is not effective unless received by the seller. The amendment by the United Kingdom was rejected by 2 votes in favour and a greater number against, and the proposed additional sentence was rejected by 10 votes in favour and 27 votes against. The amendments by the Netherlands (A/CONF.97/C.1/L.163) and the United States (A/CONF.97/C.1/L.179) were withdrawn, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 47, go to Plenary Conference 8th 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]

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