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CISG
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LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

Summary Records of Meetings of the First Committee

36th meeting

Friday, 4 April 1980, at 3 p.m.

Chairman: Mr. LOEWE (Austria)

The meeting was called to order at 3.05 p.m.

CONSIDERATION OF ARTICLES 1-82 OF THE DRAFT CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND OF DRAFT ARTICLE "DECLARATIONS RELATING TO CONTRACTS IN WRITING" IN THE DRAFT PROVISIONS PREPARED BY THE SECRETARY-GENERAL CONCERNING IMPLEMENTATION, DECLARATIONS, RESERVATIONS AND OTHER FINAL CLAUSES FOR THE DRAFT CONVENTION (agenda item 3) (A/CONF.97/5, 6) (continued)

Consideration of the Report of the Drafting Committee to the Committee (agenda item 4) (continued)

Articles 18-31 [became CISG article 20 through 33 ] (A/CONF.97/C.1/L.248 and Add.1)

1. The CHAIRMAN invited the Committee to continue its consideration of the articles of the Convention which had been adopted by the Drafting Committee.

2. Mr. LEBEDEV (Union of Soviet Socialist Republics) said that document A/CONF.97/C.l/L.248/Add.1 was not yet available in Russian. His delegation therefore reserved the right to return at a later stage to any articles which might be adopted by the Committee.

20
Article 18 [became CISG article 20 ]

3. Mr. NICHOLAS (United Kingdom) said that the definite article "the" before the word "notice" at the end of the second line of paragraph 2 should be replaced by the indefinite article "a". Reference to "the notice" rather than to "a notice" in the paragraph in question could be misinterpreted to mean that such notice constituted a necessary element of the formation of the contract.

4. Article 18 [became CISG article 20 ], as amended by the United Kingdom, was adopted.

21-23
Articles 19-21 [became CISG article 21 , CISG article 22 and CISG article 23 ]

5. Articles 19-21 [became CISG article 21 , CISG article 22 and CISG article 23 ] were adopted.

24
Article 22 [became CISG article 24 ]

6. The CHAIRMAN pointed out that a corrigendum had been issued to the English text of the article (A/CONF.97/C.1/L.248/Corr.l): the word "to" should be added before the word "his" in the third line.

7. Article 22 [became CISG article 24 ] was adopted.

25
Article 23 [became CISG article 25 ]

8. Mr. ROGNLIEN (Norway) was surprised to see that the words "a reasonable person of the same kind" still appeared in the article.

9. The CHAIRMAN remarked that the phrase had already been used in article 7 [became CISG article 8 ].

10. Mr. HJERNER (Sweden) noted that substantive changes had been made to article 23 by the Drafting Committee. The changes seemed acceptable, but he nevertheless wished to reserve his delegation's position.

11. The CHAIRMAN reminded delegations that under the rules of procedure they were always free to return in the plenary to articles adopted by the Committees. Reservations made in committee therefore had little practical point.

12. Mr. OLIVENCIA RUIZ (Spain) said that he was surprised not to find any reference to the idea of expectations under the contract, which the ad hoc working group had proposed should be included in the article (A/CONF.97/C.1/L.176).

13. Mr. VIS (Executive Secretary of the Convention) explained that the Drafting Committee had taken the greatest care to ensure that the wording of the article corresponded to that of the amendments. The ad hoc working group had indeed agreed on the phrase "substantially impair his expectations under the contract", but that wording had proved unacceptable to the representatives of civil law countries. Those representatives had suggested that, rather than refer to expectations under the contract, the article might speak of the interests of one of the parties, but that solution had not proved acceptable to the representatives of common law countries. The text of article 23 [became CISG article 25 ] finally adopted by the Drafting Committee represented a compromise which was acceptable to everyone.

14. Mr. SEVÓN (Finland) said that a further drawback of the text proposed by the ad hoc working group had been that it made a subjective consideration the basis for article 23 [became CISG article 25 ] whereas the text proposed by the Drafting Committee established a more objective criterion.

15. Mr. OLIVENCIA RUIZ (Spain) noted those explanations. He did not feel, however, that the Spanish text of article 23 [became CISG article 25 ] was entirely satisfactory, and therefore proposed that the Spanish-speaking delegations should confer with a view to improving the Spanish text, without, of course, introducing any changes of substance.

16. The CHAIRMAN thanked the Spanish representative for his suggestion. It was essential that the Convention should be drafted in such a way that the idiom of each official language was preserved.

17. Mr. PLANTARD (France) made a grammatical correction in the French text of article 23: the word "aurait" in the penultimate line should be replaced by the word "eût".

18. Article 23 [became CISG article 25 ], as amended by Spain and France, was adopted.

26
Article 24 [became CISG article 26 ]

19. Article 24 [became CISG article 26 ] was adopted.

27
Article 25 [became CISG article 27 ]

20. Mr. MINAMI (Japan) pointed out that in the English text of article 25 [became CISG article 27 ] the verb "to rely" was followed by the preposition "on", whereas in article 14(2)(b) [became CISG article 16(2)(b) ] the same verb was followed by the preposition "upon".

21 Mr. NICHOLAS (United Kingdom) said that with the verb "to rely" it was preferable to use the preposition "on".

22. The CHAIRMAN said that the United Kingdom representative's statement would be borne in mind in connection with article 14(2)(b) [became CISG article 16(2)(b) ].

23. Mr. OLIVENCIA RUIZ (Spain) drew attention to a typing error in the Spanish text: the word "modificación" in the second line should read "notificación".

24. Article 25 [became CISG article 27 ] was adopted.

28-32
Articles 26-30 [became CISG article 28 , CISG article 29 ,
CISG article 30 , CISG article 31 and CISG article 32 ]

25. Articles 26-30 [became CISG article 28 , CISG article 29 , CISG article 30 , CISG article 31 and CISG article 32 ] were adopted.

33
Article 31 [became CISG article 33 ]

26. Mr. HONNOLD (United States of America) said that the comma at the end of the first line of the English text of article 31(a) [became CISG article 33(a) ] and the word "or" at the end of the second line of the subparagraph should be deleted.

27. Article 31 [became CISG article 33 ], as amended by the United States of America, was adopted.

28. The CHAIRMAN suggested that further consideration of articles adopted by the Drafting Committee should be deferred until the next meeting. At that meeting the Committee would also have before it the proposals of the ad hoc working group set up to consider proposals to amend article 62 and 63 [became CISG article 71 and CISG article 72 ].

29. It was so decided.

The meeting rose at 3.35 p.m.


Pace Law School Institute of International Commercial Law - Last updated January 29, 1999
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