529

Considering the heavy chains that link national sales (contract) laws to their respective property laws, it may appear regrettable that the CISG has only unified one part of the equation and has left property to national law.

530

Yet, if one agrees with the interpretation of the CISG proposed in the third and fourth chapter above,1102 neither the obligation to transfer the property under Article 30 nor the characterization of a sales contract under the CISG remain interwoven with property law. Furthermore, the transfer of risk representing a field of sales law that is considered dependent on the transfer of property under many national laws, has been completely detached under the CISG.1103 Moreover, the obligation to preserve the goods that is connected to the property in the goods under some national laws is also exhaustively 237 regulated by the CISG without a need to recur on property in the goods.1104 As the fifth chapter has attempted to show,1105 the claim for the purchase price under Article 62 of the CISG is generally also independent of the transfer of property. The described exception under Article 28 of the CISG does not reintroduce a direct relevance of the transfer of property under the CISG. The exception is rather indirectly due to the English law decision to connect the action for the price under section 49(1) of the Sale of Goods Act 1979 to the transfer of property, which can only be explained against the historical development of English law.1106 Even if one had been able to agree on rules on the transfer of property under the CISG, this would not have reconciled fundamentally opposing views on the seller’s remedies to claim the purchase price while forcing the goods onto the buyer.

531

Hence, the exact point in time and the requirements for the transfer of property have no relevance under the CISG. This progressive drafting renders the exclusion of the effect the contract has on the seller’s and third party rights a suitable rule.1107 As a matter of fact, it would have even been regrettable if rules on the transfer of property had been incorporated into the CISG during its drafting: The considerations and effects of these rules would lie outside of the CISG, and therefore, should only be drafted within a uniform law project that touches on matters where the variations of the transfer of property under national law cause practical problems and divergences.