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Source: Doc. B(1) Reproduced from UNCITRAL Yearbook VIII (1977), A/32/17, pages 25-64

EXCERPT FROM ANNEX I

Report of Committee of the Whole I relating to the
draft Convention on the International Sale of Goods

[...]

CISG
number
Art. 57

Article 38

343. The text of article 38, as approved by the Working Group on the International Sale of Goods, is as follows;

"(1) The buyer must pay the price to the seller at the seller's place of business. However, if the payment is to be made against the handing over of the goods or of documents, the price must be paid at the place where the handing over takes place.
"(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in the place of business of the seller subsequent to the conclusion of the contract."

344. One representative indicated that the definition of "place of business" contained in article 6(a) was difficult to apply to paragraph (1) of this article and almost impossible to apply to paragraph (2).

Decision

345. The Committee decides that no change of substance is called for in respect of this article. It therefore recommends that the Commission should adopt the following text, now renumbered as article 39:

"Article 39

"(1) If the buyer is not bound to pay the price at any other particular place, he must pay it to the seller;
"(a) At the seller's place of business; or
"(b) If the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.
"(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in the [page 49] place of business of the seller subsequent to the conclusion of the contract."

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Pace Law School Institute of International Commercial Law - Last updated July 25, 2007
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