Q 41-1
Compile a list of possible rights or claims by third parties that may fall under Article 41 CISG.
Property, security interests of warehouse owners or carriers, rights to challenge a disposition under domestic insolvency law, public law encumbrances such as tax and public duties, measures taken to return cultural objects.
Q 41-2
(a) How did the court in the above case (C 41-1) expand the application of Article 41 CISG?
(b) What other Article of the CISG could be considered instead?
(a) The seller did not obtain an export clearance from its own supplier who had restricted the export of the goods. Thus, the seller was unable to deliver the goods.
(b) It could be questioned whether Article 41 CISG was rightly applied in this case. Rather, the seller breached its delivery obligation under Article 30 CISG.
Q 41-3
(a) How would the situation in which a mere claim is made be resolved under your domestic law where it turns out that the third party does not have a right over the goods?
(b) How would this situation be resolved under the CISG?
(a) Under many domestic legal systems, especially in civil law countries, the seller is only liable if the buyer loses possession of the goods because of the third party’s right (so-called liability for eviction).
(b) Under the CISG it is sufficient if a third party asserts a claim against the buyer. Whether or not an underlying right actually exists is irrelevant.
