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Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods

Professor Jacob S. Ziegel, University of Toronto
July 1981

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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.

COMMENT

1. Art. 43(1) formerly appeared as art. 40(3); art. 43(2) is new and was added at Vienna. Art. 43(1) is the counterpart of art. 39(1); art. 43(2) matches art. 40, with the exception that the former provision makes no reference to the seller's disclosure of the title and intellectual property defect to the buyer. The reason for the omission is presumably that, under art. 41, mere disclosure of the third party claim or right is not sufficient unless the buyer also agreed to take the goods subject to that right or claim.

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Pace Law School Institute of International Commercial Law - Last updated April 23, 1999
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