Go to Database Directory || Go to Table of Contents to Annotated Text of CISG || Go to Legislative History Search Form











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]

(. . .)

85
Article 74 [became CISG article 85 ]

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 74 [became CISG article 85 ]

"If the buyer is in delay in taking delivery of the goods and the seller is either in possession of the goods or otherwise able to control their disposition, the seller must take such steps as are reasonable in the circumstances to preserve them. He may retain them until he has been reimbursed his reasonable expenses by the buyer."

[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 74 [became CISG article 85 ] by the Federal Republic of Germany (A/CONF.97/C.1/L.211).

3. This amendment was to the following effect:

Federal Republic of Germany (A/CONF.97/C.1/L.211):

Revise the first sentence of article 74 [became CISG article 85 ] to read as follows:

"If the buyer is in delay in taking delivery of the goods or, where payment of the price and delivery of the goods are concurrent conditions, if he is in delay in paying the price, and the seller is either in possession of the goods or otherwise able to control their disposition, the seller must take such steps as are reasonable in the circumstances to preserve them."

[Adopted: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 74 [became CISG article 85 ] at its 30th meeting on 31 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 30th meeting, the amendment by Federal Republic of Germany (A/CONF.97/C.1/L.211) was adopted by 19 votes in favour and 5 votes against, and the UNCITRAL text adopted, subject to the amendment.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 85, go to Plenary Conference 11th 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 September 11, 2000
Go to Database Directory || Go to Table of Contents to Annotated Text of CISG || Go to Legislative History Search Form