Matchup of CISG Article 43 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 43 with ULIS provisions


CISG Article 43

1. The buyer loses the right to rely on the provisions of article 41 or article 42 if he does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he has become aware or ought to have become aware of the right or claim.

2. The seller is not entitled to rely on the provisions of the preceding paragraph if he knew of the right or claim of the third party and the nature of it.

   

ULIS Article 52(1) and 52(4)

1. Where the goods are subject to a right or claim of a third person, the buyer, unless he agreed to take the goods subject to such right or claim, shall notify the seller of such right or claim. Unless the seller already knows thereof, and requests that the goods should be freed therefrom within a reasonable time or that other goods free from all rights and claims of third persons be delivered to him by the seller.

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4. The buyer shall lose his right to declare the contract avoided if he fails to act in accordance with [the notice requirements of] paragraph 1 of this Article within a a reasonable time from the moment when he became aware of the right or claim of the third person in respect of the goods.


Pace Law School Institute of International Commercial Law - May 22, 2001
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