A German seller and a Swiss buyer concluded a contract for the sale of an air cleaning system.
The Supreme Court held that even though CISG applies to sales involving carriage of the goods (Art. 1 CISG), it does not apply to matters concerning the general law of obligations that do not immediately relate to the law of sales of goods. Therefore matters such as assignment, assignment by operation of law and claims of rights in the interest of a third party are excluded from the scope of CISG and are governed by the applicable domestic law (Art. 4 CISG). |