This case involves two Spanish parties, disputing the ownership of goods shipped from China. Domestic law was applicable to the issue at hand.
The Spanish forwarder in charge of the delivery of the goods to the Spanish buyer had not delivered the goods to the buyer, keeping the goods in its possession. The forwarder justified its alleged right of ownership and its possession of the goods with the buyer’s financial difficulties, making a reference to art. 88 CISG as justifying the forwarder’s acquisition of ownership.
The Court rejected the argument, observing that the mentioned rule requires the party who is bound to preserve the goods to give previous notice to the buyer of its intention to sell the goods.
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