The first sentence of Art. 41 CISG places an obligation on the seller to deliver goods not only free from any right, but also free from any claim of a third party. Whether such claim is derived from a third party’s right is irrelevant for the purposes of this Article. Conse-quently, not only normal, founded claims, but even unfounded claims can give rise to liability under Art. 41 CISG. Q 41-5 a) How would the situation in which a mere claim is made be resolved under your domestic law where it turns out that the third party does not have any right over the goods? b) And under the CISG? Q 41-6 Some authors want to exclude ‘frivolous’ claims from the ambit of Art. 41 CISG. Discuss this question.

DOI link for The first sentence of Art. 41 CISG places an obligation on the seller to deliver goods not only free from any right, but also free from any claim of a third party. Whether such claim is derived from a third party’s right is irrelevant for the purposes of this Article. Conse-quently, not only normal, founded claims, but even unfounded claims can give rise to liability under Art. 41 CISG. Q 41-5 a) How would the situation in which a mere claim is made be resolved under your domestic law where it turns out that the third party does not have any right over the goods? b) And under the CISG? Q 41-6 Some authors want to exclude ‘frivolous’ claims from the ambit of Art. 41 CISG. Discuss this question.

The first sentence of Art. 41 CISG places an obligation on the seller to deliver goods not only free from any right, but also free from any claim of a third party. Whether such claim is derived from a third party’s right is irrelevant for the purposes of this Article. Conse-quently, not only normal, founded claims, but even unfounded claims can give rise to liability under Art. 41 CISG. Q 41-5 a) How would the situation in which a mere claim is made be resolved under your domestic law where it turns out that the third party does not have any right over the goods? b) And under the CISG? Q 41-6 Some authors want to exclude ‘frivolous’ claims from the ambit of Art. 41 CISG. Discuss this question.