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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]

(. . .)

73
Article 64 [became CISG article 73 ]

A. UNCITRAL text

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

"Article 64 [became CISG article 73 ]

"(1) In the case of a contract for delivery of goods by instalments, if the failure of one party to perform any of his obligations in respect of any instalment constitutes a fundamental breach with respect to that instalment, the other party may declare the contract avoided with respect to that instalment.

"(2) If one party's failure to perform any of his obligations in respect of any instalment gives the other party good grounds to conclude that a fundamental breach will occur with respect to future instalments, he may declare the contract avoided for the future, provided that he does so within a reasonable time.

"(3) A buyer, avoiding the contract in respect of any delivery, may, at the same time, declare the contract avoided in respect of deliveries already made or of future deliveries if, by reason of their interdependence, those deliveries could not be used for the purpose contemplated by the parties at the time of the conclusion of the contract."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. No amendments were submitted to article 64 [became CISG article 73 ].

C. Proceedings in the First Committee

(i) Meetings

3. The First Committee considered this article at its 27th meeting on 28 March 1980 [see also 37th meeting and 38th meeting of First Committee].

(ii) Consideration

4. At the 27th meeting, the UNCITRAL text was adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 73, go to Plenary Conference 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]

(. . .)


Pace Law School Institute of International Commercial Law - Last updated October 11, 2000
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