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LEGISLATIVE HISTORY
Legislative history of CISG article 81:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

     1978 Draft article 66                          CISG article 81                                                                   

(1)Avoidance of the contract releases      (1)Avoidance of the contract releases                                              
   both parties from their obligations        both parties from their obligations                                             
   thereunder, subject to any damages         under it, subject to any damages                                                
   which may be due. Avoidance does           which may be due. Avoidance                                                     
   not affect any provisions of the           does not affect any provision of                                                
   contract for the settlement of             the contract for the settlement of                                              
   disputes or any other provisions of        disputes or any other provision of                                              
   the contract governing the                 the contract governing the rights                                               
   respective rights and obligations of       and obligations of the parties                                                  
   the parties consequent upon the            consequent upon the avoidance                                                   
   avoidance of the contract.                 of the contract.                                                                
                                                                                                                             
(2)If one party has performed the          (2)A party who has performed the                                                   
   contract either wholly or in part, he      contract either wholly or in part                                               
   may claim from the other party             may claim restitution from the                                                  
   restitution of whatever he has             other party of whatever the first                                               
   supplied or paid under the contract.       party has supplied or paid under                                                
   If both parties are bound to make          the contract. If both parties are                                               
   restitutions, they must do so              bound to make restitution, they                                                 
   concurrently.                              must do so concurrently.                                                        


Editorial comments
CISG article 81 contains various word changes, none of which is in any
way substantive.  The Secretariat Commentary on 1978 Draft article 66
therefore should be relevant to the interpretation of CISG article 81.

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