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LEGISLATIVE HISTORY
Legislative history of CISG article 28:
Match-up with 1978 to assess relevance of Secretariat Commentary

      1978 Draft article 26                              CISG article 28

If, in accordance with the provisions of   If, in accordance with the provisions of
this Convention, one party is entitled to  this Convention, one party is entitled to 
require performance of any obligation      require performance of any obligation    
by the other party, a court is not bound   by the other party, a court is not bound 
to enter a judgement for specific per-     to enter a judgement for specific per-  
formance unless the court could do so      formance unless the court would do so  
under its own law in respect of similar    under its own law in respect of similar
contracts of sale not governed by this     contracts of sale not governed by this   
Convention.                                Convention.     


Editorial comments
There is a highly significant difference between CISG article 28 and 1978
Draft article 26.  Under CISG article 28, "a court is not bound to enter a
judgement for specific performance unless the court would do so under
its own law..." (emphasis added).  Key provisions of the Secretariat
Commentary on 1978 Draft article 26 thus do not apply to CISG article 28. 

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