Why do you think there is no parallel provision to Article 38 CISG with respect to third party rights and claims?
Examination is generally not possible or would not yield the necessary results.
Q 43-2
Describe the purpose of Article 43(1) CISG. How does it contribute to the seller’s interests?
As in case of non-conformity of the goods, the notice requirement under Article 43 CISG aims at clarifying the legal relationship between the seller and the buyer. If any claim or assertion of a claim by a third party is brought against the buyer, it is in the interest of the seller to know about this fact in order to be able to bring a claim of its own against the third party without any further delay. This in turn may also indirectly benefit the buyer and is in line with good faith and fair dealing in international commerce.
Q 43-3
Compare and contrast Article 39 and Article 43 CISG. What similarities and differences can you find?
Article 39(1) CISG and Article 43(1) CISG are quite similar regarding the prerequisites for giving notice and the consequences for failure of giving notice. Article 39(2) CISG regarding the two-year cut-off period does not have a counterpart in Article 43 CISG. Instead, Article 43(2) CISG is similar to Article 40 CISG.
