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  • Third Party Claims and Conformity of the Goods under the United Nations Convention on Contracts for the International Sale of Goods

Third Party Claims and Conformity of the Goods under the United Nations Convention on Contracts for the International Sale of Goods

Student: Nurbagandova Sabina

Supervisor: Natalia Yerpyleva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This research is focused on the issues of conformity of goods and clear title under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The main purpose of this research is to examine legal provisions of the CISG which regulate the issues of clear title and conformity of goods and to determine the approach to the interpretation of these provisions which will most effectively protect the reasonable expectations of the parties under a sales contract. For the accomplishment of the aforementioned aims, it is essential to set the following objectives. First, to analyze the contractual conformity requirements covered in the first paragraph of Art. 35 CISG. Second, to examine the subsidiary definitions of conformity, namely fitness of goods for their ordinary use and a particular purpose made known to the seller assessing some aspects of the Convention’s experience accumulated as a consequence of the application of these provisions. Third, to analyze the issue of third-party rights and claims pursuant to Art. 41 CISG and legal defects in the sense of Art. 42 CISG.

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