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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]

(. . .)

57
Article 53 [became CISG article 57 ]

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 53 [became CISG article 57 ]

"(1) If the buyer is not bound to pay the price at any other particular place, he must pay it to the seller:

"(a) at the seller's place of business; or

"(b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.

"(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in the place of business of the seller subsequent to the conclusion of the contract."

[Go to Secretariat Commentary on the above text]

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

B. Amendments

2. An amendment was submitted to article 53 [became CISG article 57 ] by the Federal Republic of Germany (A/CONF.97/C.1/L.182).

3. This amendment was to the following effect:

Federal Republic of Germany (A/CONF.97/C.1/L.182):

Add the following paragraph (3) to article 53 [became CISG article 57 ]:

"(3) Jurisdiction of the courts at the seller's place of business in proceedings brought against the buyer for payment of the price cannot be derived from the provisions of paragraph (1), subparagraph (a)".

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article at its 25th meeting on 27 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 25th meeting, the amendment by the Federal Republic of Germany (A/CONF.97/C.1/L.182) 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 57, 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 11, 2000
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