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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                           CISG article 1

(1)This Convention applies to con-         (1)This Convention applies to con-
   tracts of sale of goods between par-       tracts of sale of goods between par-
   ties whose place of business are in        ties whose place of business are in
   different States:                          different States:

   (a)when the states are Contracting         (a)when the states are Contracting
      States; or                                 States; or

   (b)when the rules of private inter-        (b)when the rules of private inter-
      national law lead to the applica-          national law lead to the applica-
      tion of the law of a Contracting           tion of the law of a Contracting
      State.                                     State.

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

(3)Neither the nationality of the par-     (3)Neither the nationality of the par-
   ties not the civil or commercial           ties nor the civil or commercial
   charachter of the parties or of the        character of the parties or of the
   contract is to be taken into consid-       contract is to be taken into consid-
   eration.                                   eration 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.

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