239 § 7: Remedies based on (national) property law

533

Property without remedies to enforce one’s legal position is of little value. The CISG unifies parts of sales contract law but does not provide for remedies based on property. Yet, national laws protect the owner of goods based on property. Against this background, the relationship between such remedies under national laws and the CISG must be assessed. In contrast to considering all claims based on national laws to be preempted or allowing for complete concurrent availability of remedies, a more nuanced approach should be taken.