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LEGISLATIVE HISTORY

Legislative history of CISG article 82: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 67 CISG article 82

(1)The buyer loses his right to declare (1)The buyer loses the right to declare the contract avoided or to require the contract avoided or to require the seller to deliver substitute goods the seller to deliver substitute goods if it is impossible for him to make if it is impossible for him to make restitution of the goods substantially restitution of the goods substantially in the condition in which he received in the condition in which he received them. them.

(2)Paragraph (1) of this article does (2)The preceding paragraph does not not apply: apply:

(a)if the impossibility of making (a)if the impossibility of making restitution of the goods or of restitution of the goods or of making restitution of the goods making restitution of the goods substantially in the condition in substantially in the condition in which he received them is not which the buyer received them due to an act or omission of the is not due to his act or omission; buyer; or

(b)if the goods or part of the goods (b)if the goods or part of the goods have perished or deteriorated have perished or deteriorated as a result of the examination as a result of the examination provided for in article 36; or provided for in article 38; or

(c)if the goods or part of the goods (c)if the goods or part of the goods have been sold in the normal have been sold in the normal course of business or have been course of business or have been consumed or transformed by consumed or transformed by the buyer in the course of nor- the buyer in the course of nor- mal use before he discovered mal use before he discovered or the lack of conformity or ought ought to have discovered the to have discovered it. lack of conformity.


Editorial comments

CISG article 82 contains various word changes, none of which is in any way substantive. The Secretariat Commentary on 1978 Draft article 67 should therefore be relevant to the interpretation of CISG article 82.


Pace Law School Institute of International Commercial Law - Last updated July 12, 1999
Comments/Contributions

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