123 § 4: Property and the characterization of a sales contract under the CISG

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Article 1 of the CISG states that the CISG applies to “contracts of sale of goods” but does not define explicitly when a contract can be thus qualified.559 Article 1(1) requires examination of whether the characteristics of a sales contract are present in the parties’ contract, regardless of the exam terms used by the parties.560 To enumerate the characteristics of a sales contract is, however, a challenging endeavor and requires scrutinizing the obligations and remedies the parties agreed upon. This chapter will address whether property and its transfer are necessary or even relevant features of a sales contract under the CISG.