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Abstract
Date: 16.01.1992
Country: Germany
Number: 5 U 534/91
Court: Oberlandesgericht Koblenz
Parties: Unknown
In 1988 a Dutch manufacturer delivered a cruiser to a German company. In December 1989 the German company was declared bankrupt and the manufacturer claimed it had the right to repossess the cruiser under the 'retention of title clause' in the contract. The German company disputed the validity of the said clause.

The court held that CISG does not apply to the validity of a 'retention of title clause'.