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LEGISLATIVE HISTORY

Legislative history of CISG article 41: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 39(1)

The seller must deliver goods which are free from any right or claim of a third party, other than one based on industrial or intellectual property, unless the buyer agreed to take the goods subject to that right or claim.

  

CISG article 41

The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or unless the buyer agreed to take the is based on industrial property or other intellectual property, the seller's obligation is governed by article 42.


Editorial comments

The essence of 1978 Draft article 39(1) and CISG article 41 is the same except that CISG article 41 refers to "industrial property or other intellectual property" rather than "industrial or intellectual property". The Secretariat Commentary on 1978 Draft article 39(1) should therefore be relevant to the interpretation of CISG article 41.


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