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LEGISLATIVE HISTORY
Legislative history of CISG article 37: Match-up with 1978 Draft to assess relevance of Secretariat Commentary
1978 Draft article 35 CISG article 37 If the seller has delivered goods before If the seller has delivered goods before the date for delivery he may, up to that the date for delivery, he may, up to that date, deliver any missing part or make date, deliver any missing part or make up any deficiency in the quantity of the up any deficiency in the quantity of the goods delivered, or deliver goods in re- goods delivered, or deliver goods in re- placement of any non-conforming placement of any non-conforming goods delivered or remedy any lack of goods delivered or remedy any lack of conformity in the goods delivered, pro- conformity in the goods delivered, pro- vided that the exercise of this right does vided that the exercise of this right does not cause the buyer unreasonable in- not cause the buyer unreasonable in- convenience or unreasonable expense. convenience or unreasonable expense. The buyer retains any right to claim However, the buyer retains any right to damages as provided for in this Conven- claim damages as provided for in this tion. Convention.
Editorial comments
CISG article 37 and 1978 Draft article 35 are identical except that the second sentence of CISG article 37 commences with the word, "However". The Secretariat Commentary on 1978 Draft article 35 should therefore be relevant to the interpretation of CISG article 37.
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