Go to Database Directory || Go to Legislative History Search Form

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. 61

Article 42

363. The text of article 42, as approved by the Working Group on the International Sale of Goods, is as follows:

"(1) If the buyer fails to perform any of his obligations under the contract and this Convention, the seller may:
"(a) exercise the rights provided in articles 43 to 46;
"(b) claim damages as provided in articles 55 to 59.
"(2) The seller is not deprived of any right he may have to claim damages even though he exercises his right to other remedies.
"(3) If the seller resorts to a remedy for breach of contract, the buyer is not entitled to apply to a court or arbitral tribunal to grant him a period of grace."

Combination of remedy provisions

364. The Committee did not retain a suggestion that the remedy provisions for breach of contract by the buyer be combined with those for breach of contract by the seller.

Decision

365. The Committee concludes that no change of substance is called for in respect of this article although its drafting should conform to that of article 26. It therefore recommends that the Commission should adopt the following text, now renumbered as article 43:

"Article 43

"(1) If the buyer fails to perform any of his obligations under the contract and this Convention, the seller may:
"(a) Exercise the rights provided in articles 44 to 47;
"(b) Claim damages as provided in articles 56 to 59.
"(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.
"(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract." [page 51]

[...]

Go to entire text of Report of the 1977 UNCITRAL Committee of the Whole I relating to draft Convention on International Sale of Goods
Pace Law School Institute of International Commercial Law - Last updated July 26, 2007
Comments/Contributions