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Property in Goods and the CISG (2024), S. 238 
VI. Conclusion 
Till Maier-Lohmann 

VI. Conclusion

532

Article 4, sentence 2(b) excludes the CISG’s potential effect on the property in the goods from the Convention. Property is an autonomous term and refers to the seller’s legal interest in the goods without regard to the quality of this interest. Nevertheless, third party rights in the goods are also outside the scope of application of the CISG. The contract law applicable to the relationship between the seller and buyer does not need to explicitly reference this exclusion. Article 4, sentence 2(b) CISG’s exclusion generally extends also to retention of property clauses with the exception of modifications of provisions of the CISG that can occur in cases of retention of property clauses. In all cases, the CISG may become relevant by way of incidental questions posed by national property law. Article 6 of the CISG does not allow 238 for party autonomy with regard to choices of laws or rules on the transfer of property.

 
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