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LEGISLATIVE HISTORY

Legislative history of CISG article 84: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 69 CISG article 84

(1)If the seller is bound to refund the (1)If the seller is bound to refund the price, he must also pay interest price, he must also pay interest on thereon from the date on which the it, from the date on which the price price was paid. was paid.

(2)The buyer must account to the seller (2)The buyer must account to the seller for all benefits which he has derived for all benefits which he has derived from the goods or part of them: from the goods or part of them:

(a)if he must make restitution of (a)if he must make restitution of the goods or part of them; or the goods or part of them; or

(b)if it is impossible for him to (b)if it is impossible for him to make restitution of all or part of make restitution of all or part of the goods or to make restitution the goods or to make restitution of all or part of the goods sub- of all or part of the goods sub- stantially in the condition in stantially in the condition in which he received them, but he which he received them, but he has nevertheless declared the has nevertheless declared the contract avoided or required contract avoided or required the seller to deliver substitute the seller to deliver substitute goods. goods.


Editorial comments

CISG article 84 is identical to 1978 Draft article 69, except for the substitution of the words "on it" for "thereon" in paragraph (1). The Secretariat Commentary on 1978 Draft article 69 should therefore be relevant to the interpretation of CISG article 84.


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