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]

(. . .)

86
Article 75 [became CISG article 86 ]

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 75 [became CISG article 86 ]

"(1) If the goods have been received by the buyer and he intends to reject them, he 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 seller.

"(2) If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller, provided that he can do so without payment of the price and without unreasonable inconvenience or unreasonable expense. This provision does not apply if the seller or a person authorized to take charge of the goods on his behalf is present at the destination."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. Amendments were submitted to article 75 [became CISG article 86 ] by China (A/CONF.97/C.1/L.178) and Australia (A/CONF.97/C.1/L.227).

3. These amendments were to the following effect:

Paragraph (1).

(i) China (A/CONF.97/C.1/L.178):

Amend paragraph (1) of this article to read as follows:

"If the goods have been received by the buyer but are found not to be in conformity with the contract and he intends to reject them, he must, apart from informing the seller without undue delay of his intention and providing him with the relevant documents including the inspection certificate issued by an inspection firm, take such steps as are reasonable in the circumstances to preserve the goods . . ."

[Referred to Drafting Committee: see Consideration, 5, below.]

(ii) Australia (A/CONF.97/C.1/L.227):Paragraph (1).

Insert after the words "reject them" in paragraph (1) the following words:

"or if the goods have been taken into possession by the buyer on behalf of the seller under paragraph (2)."

[Withdrawn in favour of oral amendment: see Consideration, 6, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered this article at its [30th meeting and 31st meeting] on 31 March 1980 and I April 1980 respectively [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 30th meeting, the amendment by China (A/CONF.97/C.1/L.178) was referred to the Drafting Committee.

6. At the 31st meeting, the amendment by Australia (A/CONF.97/C.1/L.227) was withdrawn in favour of an oral amendment to insert at the end of the first sentence in paragraph (2) a sentence on the following lines:

"In this case his rights and duties as granted by paragraph (1) apply."

This oral amendment was adopted and referred to the Drafting Committee. The UNCITRAL text was adopted subject to this amendment.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 86, 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