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LEGISLATIVE HISTORY
Legislative history of CISG article 39:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

         1978 Draft article 37                           CISG article 39 

(1)The buyer loses the right to rely on    (1)The buyer loses the right to rely on    
   a lack of conformity of the goods if       a lack of conformity of the goods if    
   he does not give notice to the seller      he does not give notice to he seller    
   specifying the nature of the lack of       specifying the nature of the lack of    
   conformity within a reasonable time        conformity within a reasonable time     
   after he has discovered it or ought        after he has discovered it or ought     
   to have discovered it.                     to have discovered it.                    
                                                    
(2)In any event, the buyer loses the       (2)In any event, the buyer loses the        
   right to rely on a lack of conformity      right to rely on a lack of conformity    
   of the goods if he does not give the       of the goods if he does not give the     
   seller notice thereof at the latest        seller notice thereof at the latest      
   within a period of two years from          within a period of two years from        
   the date on which the goods were           the date on which the goods were         
   actually handed over to the buyer,         actually handed over to the buyer,       
   unless such time-limit is inconsis-        unless this time-limit is inconsis-      
   tent with a contractual period of          tent with a contractual period of        
   guarantee.                                 guarantee.                               


Editorial comments
CISG article 39 and 1978 Draft article 37 are identical.  The Secretariat
Commentary on 1978 Draft article 37 should therefore be relevant to the
interpretation of CISG article 39. 

One should, however, recognize that a new CISG article 44 has been added
to the Official Text.  This new article can impact upon CISG article 39(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