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LEGISLATIVE HISTORY
Legislative history of CISG article 73:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

     1978 Draft article 64                             CISG article 73                                 
                                           
(1)In the case of a contract for delivery (1)In the case of a contract for delivery                                    
   of goods by instalments, if the fail-     of goods by instalments, if the fail-                                     
   ure of one party to perform any of        ure of one party to perform any of                                        
   his obligations in respect of any in-     his obligations in respect of any in-                                     
   stalment constitutes a fundamental        stalment constitutes a fundamental                                        
   breach with respect to that instal-       breach of contract with respect to                                        
   ment, the other party may declare         that instalment, the other party may                                      
   the contract avoided with respect to      declare the contract avoided with re-                                     
   that instalment.                          spect to that instalment.                                                 
                                                                                                                          
(2)If one party's failure to perform any  (2)If one party's failure to perform any                                     
   of his obligations in respect of any      of his obligations in respect of any                                      
   instalment gives the other party good     instalment gives the other party good                                     
   grounds to conclude that a funda-         grounds to conclude that a funda-                                           
   mental breach will occur with             mental breach of contract will                                          
   respect to future instalments, he         occur with respect to future instal-                                      
   may declare the contract avoided          ments, he may declare the contract                                        
   for the future, provided that he          avoided for the future, provided that                                     
   does so within a reasonable time.         he does so within a reasonable time.                                      
                                                                                                                          
(3)A buyer, avoiding the contract in      (3)A buyer who declares the contract                                         
   respect of any delivery, may, at the      avoided in respect of any delivery                                        
   same time, declare the contract           may, at the same time, declare it                                         
   avoided in respect of deliveries          avoided in respect of deliveries                                          
   already made or of future deliveries      already made or of future deliveries                                      
   if, by reason of their interdepen-        if, by reason of their interdepen-                                        
   dence, those deliveries could not be      dence, those deliveries could not be                                      
   used for the purpose contemplated         used for the purpose contemplated                                         
   by the parties at the time of the         by the parties at the time of the con-                                    
   conclusion of the contract.               clusion of the contract.                                                  


Editorial comments
Each of these paragraphs contains minor word changes, however, none is in
any way substantive.  The Secretariat Commentary on 1978 Draft article 64
should therefore be relevant to the interpretation of CISG article 73.

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