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LEGISLATIVE HISTORY
Legislative history of CISG article 69:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

     1978 Draft article 81                              CISG article 69                          
                                                                                  
(1)In cases not covered by articles 79   (1)In cases not within articles 67 and                                      
   and 80 the risk passes to the buyer      68, the risk passes to the buyer when                                       
   when the goods are taken over by         he takes over the goods or, if he does                                      
   him or, if he does not do so in due      not do so in due time, from the time                                        
   time, from the time when the goods       when the goods are placed at his                                            
   are placed at his disposal and he        disposal and he commits a breach of                                         
   commits a breach of contract by          contract by failing to take delivery.                                       
   failing to take delivery.                                                                                                
                                                                                                                            
(2)If, however, the buyer is required    (2)However, if the buyer is bound to                                        
   to take over the goods at a place        take over the goods at a place other                                        
   other than any place of business of      than a place of business of the seller,                                     
   the seller, the risk passes when de-     the risk passes when delivery is due                                        
   livery is due and the buyer is aware     and the buyer is aware of the fact                                          
   of the fact that the goods are placed    that the goods are placed at his dis-                                       
   at his disposal at that place.           posal at that place.                                                        
                                                                                                                           
(3)If the contract relates to a sale of  (3)If the contract relates to goods not                                     
   goods not then identified, the goods     then identified, the goods are consi-                                       
   are deemed not to be placed at the       dered not to be placed at the dispos-                                       
   disposal of the buyer until they have    al of the buyer until they are clearly                                      
   been clearly identified to the con-      identified to the contract.                                                 
   tract.                                                                                                                   


Editorial comments
CISG article 69 contains various word changes, none of which is in any way
substantive.  The Secretariat Commentary on 1978 Draft article 81 therefore
should be relevant to the interpretation of CISG article 69.

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