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LEGISLATIVE HISTORY
Legislative history of CISG article 68:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

    1978 Draft article 80                                  CISG article 68                                                                 
 
The risk in respect of goods sold in tran-The risk in respect of goods sold in tran-                                     
sit is assumed by the buyer from the      sit passes to the buyer from the time of                                       
time the goods were handed over to the    the conclusion of the contract. However,                                       
carrier who issued the documents con-     if the circumstances so indicate, the risk                                     
trolling their disposition. However, if atis assumed by the buyer from the time                                          
the time of the conclusion of the con-    the goods were handed over to the carrier                                      
tract the seller knew or ought to have    who issued the documents embodying                                               
known that the goods had been lost or     the contract of carriage.  Nevertheless,                                        
damaged and he has not disclosed such     if at the time of the conclusion of the                                  
fact to the buyer, such loss or damage is contract of sale the seller knew or ought                                      
at the risk of the seller.                to have known that the goods had been                                          
                                          lost or damaged and did not disclose this                                      
                                          to the buyer, the loss or damage is at risk                                    
                                          of the seller.                                                                 


Editorial comments
The Secretariat Commentary on 1978 Draft article 80 is of limited current
utility.  This so because CISG article 68 is significantly different from
1978 Draft article 80.

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