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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)                   CISG article 41    

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

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