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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]

(. . .)

61
Article 57 [became CISG article 61 ]

A. UNCITRAL text

1. The text of the [1978 draft of the ] United Nations Commission on International Trade Law provided as follows:

"Article 57 [became CISG article 61 ]

"(1) If the buyer fails to perform any of his obligations under the contract and this Convention, the seller may:

"(a) exercise the rights provided in articles 58 to 61 [became CISG article 62, CISG article 63, CISG article 64 and CISG article65 ];

"(b) claim damages as provided in articles 70 to 73 [became CISG article 74, CISG article 75, CISG article 76 and CISG article 77 ].

"(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.

"(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach or contract."

[Go to Secretariat Commentary on the above text]

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

B. Amendments

2. No amendments were submitted to this article.

C. Proceedings in the First Committee

(i) Meetings

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

(ii) Consideration

4. At the 25th meeting, the UNCITRAL text was adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 61, go to Plenary Conference 8th meeting; see also Plenary Conference 11th meeting]

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Pace Law School Institute of International Commercial Law - Last updated May 17, 1999
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