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LEGISLATIVE HISTORY

Legislative history of CISG article 1: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 1

(1) This Convention applies to contracts of sale of goods between parties whose place of business are in different States:

(a) when the states are Contracting States; or

(b) when the rules of private international law lead to the application of the law of a Contracting State.

(2) The fact that the parties have their places of business in defferent States is to be disregarded whenever this fact does not appear from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.

(3) Neither the nationality of the parties not the civil or commercial charachter of the parties or of the contract is to be taken into consideration.

  

CISG article 1

(1) This Convention applies to contracts of sale of goods between parties whose place of business are in different States:

(a) when the states are Contracting States; or

(b) when the rules of private international law lead to the application of the law of a Contracting State.

(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.

(3) Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention.


Editorial comments

CISG article 1 and 1978 Draft article 1 are identical except for the phrase "in determining the application of this Convention" that has been added to paragraph (3) of CISG article 1. The Secretariat Commentary on 1978 Draft article 1 should therefore be relevant to the interpretation of CISG article 1.


Pace Law School Institute of International Commercial Law - Last updated July 12, 1999
Comments/Contributions

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG