ANNOTATED TEXT OF CISG
Article 43

(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.

Legislative history || Case law || Scholarly writings || Links to related articles || Words and phrases || CISG (full-text)

Guide to this article

• UNCITRAL outline of issues present
  
• Editoral analysis of this article with cross-references to related subjects [not yet available]
  
• Secretariat Commentary (closest counterpart to an Official Commentary on this article)
• Match-up of this article with the 1978 draft
(to validate Secretariat Commentary)

• Roadmap to the legislative history of this article
• Legislative history of this article: long form
• Legislative history of this article: short form
  • Chronology of development of Article 43 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedents
  • Article 43 match-up with ULIS
  • ULIS (full-text) and André Tunc Commentary on ULIS

• For further information on CISG case law (material not in this database), go to Unilex: click for a description of the contents of this service. Also of considerable utility are the compendium of case citations and the CISG bibliography contained in Michael R. Will, Twenty Years of International Sales Law Under the CISG: International Bibliography and Case Law Digest, Kluwer Law International (2000). Prof. Will's materials are presented on the CD-Rom edition of the database.

• Selected monographs and anthologies (English language)

• Comments on Article 43 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 43 from seminal 1986 text by Peter Schlechtriem [Germany]

• Comments on Article 43 from monograph by Jacob S. Ziegel [Canada]

• Citations to materials on this article in other texts (selected texts only)
• Selected law journal articles and other commentaries

• To identify relevant commentaries, go to Bibliography and Bibliography Search Form [industrial, intellectual, property and third party ("pre/1" = instruction used to confine search to commentary titles with "third" and "party" presented together) are search form entries you may wish to consider]

  Our bibliography contains thousands of citations in 24 languages; we encourage you to tailor your own bibliography search to the specific aspect of this article that you are researching.

Links to related articles

• Go to Annotated Text of Article 41 [Third-party claims to goods]; go to Annotated Text of Article 42 [Third-party claims based on a patent or other intellectual property]; go to Annotated Text of Article 44 [Excuse for failure to notify]

• Go also to Annotated Text of Article 39 [Notice of lack of conformity] (Article 43(1) is the counterpart of Article 39(1)); and go to Annotated Text of Article 40 [Seller's knowledge of non-conformity] (Article (43(2) matches it).

Words, phrases and concepts

• State of knowledge ("knew" [43(2)]; and "ought to have become aware" [43(1]): link to variations on these themes recited elsewhere in the CISG

• "notice". Mr. Klingsporn [W. Germany], introducing [the text that became Article 43(2)], said that the buyer lost the benefit of articles [41 and 42] if he did not give notice to the seller specifying the nature of the claim of the third party within a reasonable time. . . . Those considerations were not valid if the seller was aware of the existence of the right or claim of the third party concerned. In that case, it would be unfair to deprive the buyer of his remedy on grounds of non-notification within a reasonable time. Comparison might be made with the situation covered by articles [38 and 39] if the lack of conformity related to facts of which he knew or could not have been unaware." OR 350, paras. 78-80 [OR = Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 March - 11 April 1980, A/CONF. 97/19]

• reasonableness [43(1)]: In addition to being specifically mentioned in this article, reasonableness is a general principle of the CISG
  • For the definition of reasonableness recited in the Principles of European Contract Law and references to reasonableness in Continental and Common Law domestic rules, doctrine and jurisprudence, go to PECL article 1:302 and the comment and notes prepared for this provision

  • To drive home the correlation between the PECL's definition of reasonableness and the evident same meaning of this term to CISG legislators when they used the concept either specifically or as a general principle of the uniform law they drafted, see overview comments and comments that illustrate the similar manner in which this concept fits the CISG