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Art Text 3 2 6 Commentary



Comments on Article 2 by Warren Khoo Singapore in 1987 Bianca-Bonell Commentary on the International Sales Law; Comments on Article 2 by John O. Honnold U.S. in the 3rd ed. (1999) of the most frequently cited text on the CISG: Uniform Law for International Sales. Comments on Article 2 in December 2000 text by Joseph Lookofsky Denmark / U.S. Scripture References: all st. This text has an international history. Its first source is a Swedish text by Carl G. Boberg ('O store Gud'–'O great God'), who wrote its nine stanzas one summer evening in 1885 after he had admired the beauty of nature and the sound of church bells.

This seminal work played an important part in the widespread revision and codification of the substantive criminal law of the United States. Respected and influential, it is still cited by courts. The Institute is currently re-examining the Code's provisions on sentencing and sexual assault and related offenses.

On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows: “For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.” Council’s report to the membership (April 15, 2009) Facebook messenger windows store.

Install sports donkey. Having achieved the consensus of the membership at the Annual Meeting and now of the Council, this resolution is the official position of the Institute. Efforts will be made to communicate this position wherever the Model Penal Code is published or otherwise available and to the public generally.

The American Law Institute adopted the Official Draft of the Model Penal Code at the 1962 Annual Meeting, but did not adopt the accompanying Commentaries at that time. The Official Draft is currently out of print, but is available by subscription on HeinOnline, Westlaw, and LexisNexis.

A new set of Commentaries for Part II of the Code was published in 1980 and a new set of Commentaries for Part I of the Code was published in 1985. In 1985, the Institute published a volume containing the Complete Statutory Text of the 1962 Official Draft as well as new Explanatory Notes. All of those volumes are currently out of print, but are available by subscription on HeinOnline.

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Secretariat Commentary (closest counterpart to an OfficialCommentary)

Commentary

Guide to the use of this commentary

The Secretariat Commentary is on the 1978 Draft of the CISG, not the Official Text. The Secretariat Commentary on article 3 of the 1978 Draft is quoted below with the article references contained in this commentary related to the Official Text as follows: article 3 [draft counterpart of CISG article 3]. Double triple slots.

To the extent it is relevant to the Official Text, the Secretariat Commentary on the 1978 Draft is perhaps the most authoritative source one can cite. It is the closest counterpart to an Official Commentary on the CISG. A match-up of this article of the 1978 Draft with the version adopted for the Official Text is necessary to document the relevancy of the Secretariat Commentary on this article. See the match-up for this article for a validation of citations to this Secretariat Commentary. This match-up indicates that the order of the paragraphs of article 3 was reversed -- paragraph (1) of the 1978 Draft became paragraph (2) of CISG article 3, and paragraph (2) of the 1978 Draft became paragraph (1). Other than that, 1978 Draft article 3 and CISG article 3 are essentially the same.

Text of Secretariat Commentary on article 3 of the 1978 Draft
[draft counterpart of CISG article 3] [Contracts for services or for goods to be manufactured]

PRIOR UNIFORM LAW

Kcncrew pack 04 15 19 macos. ULIS, article 6. ULF, article 1(7). Prescription Convention,article 6.

COMMENTARY Good paint program for mac.

1. Article 3 [draft counterpart of CISG article 3] deals with twodifferent situations in which the contract includes some act inaddition to the supply of goods.

Supply of materials by the buyer, paragraph (2) [paragraph (1)]

John 6 Commentary

4. The opening phrase of paragraph (2) [paragraph (1)] of thisarticle provides that the sale of goods to be manufactured orproduced by the seller to the buyer's order is as much subject tothe provisions of this Convention as the sale of ready-made goods.

Art Text 3 2 6 Commentary Verse

5. However, the concluding phrase in this paragraph 'unless theparty who orders the goods undertakes to supply a substantial partof the materials necessary for such manufacture or production,' isdesigned to exclude from the scope of this Convention thosecontracts under which the buyer undertakes to supply the seller(the manufacturer) with a substantial part of the necessarymaterials from which the goods are to be manufactured or produced. Since such contracts are more akin to contracts for the supply ofservices or labour than to contracts for sale of goods, they areexcluded from the scope of this Convention, in line with the basicrule of paragraph (1) [paragraph (2)].

Sale of goods and supply of labour or other services by the seller,paragraph (1) [paragraph (2)]

2. This paragraph deals with contracts under which the sellerundertakes to supply labour or other services in addition toselling goods. An example of such a contract is where the selleragrees to sell machinery and undertakes to set it up in a plant inworking condition or to supervise its installation. In such cases,paragraph (1) [paragraph (2)] provides that if the 'preponderantpart' of the obligation of the seller consists in the supply oflabour or other services, the contract is not subject to theprovisions of this Convention.

3. It is important to note that this paragraph does not attemptto determine whether obligations created by one instrument ortransaction comprise essentially one or two contracts. Thus, thequestion whether the seller's obligations relating to the sale ofgoods and those relating to the supply of labour or other servicescan be considered as two separate contracts (under what issometimes called the doctrine of 'severability' of contracts), willbe resolved in accordance with the applicable national law(OFFICIAL RECORDS, p. 16).

Art Text 3 2 6 Commentary

Pace Law School Institute ofInternational Commercial Law

Art Text 3 2 6 Commentary Matthew Henry

- Last updated August 29, 2006Comments/Contributions
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