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LEGISLATIVE HISTORY
Legislative history of CISG article 55:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

      1978 Draft article 51                        CISG article 55 

If a contract has been validly concluded      Where a contract has been validly     
but does not state the price or expressly     concluded but does not expressly or   
or impliedly make provision for the           implicitly fix or make provision for   
determination of the price of the goods,      determining the price, the parties are 
the buyer must pay the price generally        considered, in the absence of any     
charged by the seller at the time of the      indication to the contrary, to have   
conclusion of the contract. If no such        impliedly made reference to the price 
price is ascertainable, the buyer must        generally charged at the time of the 
pay the price generally prevailing at the     conclusion of the contract for such  
aforesaid time for such goods sold under      goods sold under comparable          
comparable circumstances.                     circumstances in the trade concerned. 


Editorial comments
There are meaningful differences between CISG article 55 and 1978 Draft
article 51.  Also, there has been much controversy as to the manner in which
CISG article 55 should be interpreted, particularly when read in conjunction
with CISG article 14.  Although protions of the Secretariat Commentary on
1978 Draft article 51 can remain relevant, care should be taken when citing
the Secretariat Commentary on 1978 Draft article 51 in the context of CISG
article 55.

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