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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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68
Article 80 [became CISG article 68 ]

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 80 [became CISG article 68 ]

"The risk in respect of goods sold in transit is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents controlling their disposition. However, if at the time of the conclusion of the contract the seller knew or ought to have known that the goods had been lost or damaged and he has not disclosed such fact to the buyer, such loss or damage is at the risk of the seller."

[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 80 [became CISG article 68 ] by Canada (A/CONF.97/C.1/L.240), Pakistan (A/CONF.97/C.1/L.237), United States of America (A/CONF.97/C.1/L.231), Norway (A/CONF.97/C.1/L.195) and India (A/CONF.97/C.1/L.244).

3. These amendments were to the following effect:

Article 80 [became CISG article 68 ].

(i) Canada (A/CONF.97/C.1/L.240):

Delete article 80 [became CISG article 68 ].

[Withdrawn: see Consideration, 5, below.]

(ii) Pakistan (A/C0NF.97/C.1/L.237):

The first sentence of article 80 [became CISG article 68 ] may be amended to read as follows:

"The risk in respect of goods sold in transit is assumed by the buyer from the time the contract is concluded."

[Rejected: see Consideration, 6, below.]

(iii) United States of America (A/CONF.97/C.1/L.231):

Revise the first sentence of article 80 [became CISG article 68 ] to read as follows:

"The risk in respect of goods sold in transit is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. "

[Adopted: see Consideration, 7, below.]

(iv) Norway (A/CONF.97/C.1/L.195):

Add the following sentence between the first and second sentences of the existing text of article 80 [became CISG article 68 ]:

"If no such document is issued, the risk is assumed by the buyer from the time when the goods were handed over to the first carrier for transmission to the seller or a consignee from whom the seller derives his right to the goods."

[Withdrawn: see Consideration, 8, below.]

Article 80 [became CISG article 68 ], new paragraph (2).

India (A/CONF.97/C.1/L.244):

Amend article 80 [became CISG article 68 ] by adding a new paragraph after paragraph (1). The second paragraph reads as follows:

"(2) The provisions of paragraph (1) do not apply where the goods are lost or damaged before the conclusion of the contract."

[Rejected: see Consideration, 9, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 80 [became CISG article 68 ] at its 32nd meeting on 1 April 1980 [see also 37th meeting of First Committee].

Article 80 [became CISG article 68 ].

5. At the 32nd meeting, the amendment by Canada (A/CONF.97/C.1/L.240) was withdrawn.

6. At the 32nd meeting, the amendment by Pakistan (A/CONF.97/C.1/L.237) was rejected.

7. At the 32nd meeting, the amendment by the United States of America (A/CONF.97/C.1/L.231) was adopted by 15 votes in favour and 13 against, and the UNCITRAL text adopted subject to this amendment.

8. At the 32nd meeting, the amendment by Norway (A/CONF.97/C.1/L.195) was withdrawn.

Article 80 [became CISG article 68 ], new paragraph (2).

9. At the 32nd meeting, the amendment by India (A/CONF.97/C.1/L.244) was rejected.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 68, go to Plenary Conference 8th meeting, 9th meeting and 10th 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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