b) Is there an obligation to notify the other party of the intention to deposit the goods in a warehouse? Q 87-3 Can you think of a situation where, with a view to Arts 77, 85, 86(1) CISG, the party that is bound to preserve the goods ought to deposit the goods in a warehouse? Q 87-4 a) Which law deﬁnes the relationship between the party that is obliged to preserve the goods and the owner of the storage facility? b) Does the CISG provide for any direct claims between the other party and the owner of the storage facility? Q 87-5 What happens if the storage costs are unreasonably high? Q 87-6 To what extent can there be an overlap between Art. 87 CISG and interim measures granted by the court or tribunal under the applicable procedural law? Q 87-7 When could the party for whom the goods are being stored require the owner of the storage facility to hand the goods over to it?

doi:10.4324/9780203945445-235

Chapter

b) Is there an obligation to notify the other party of the intention to deposit the goods in a warehouse? Q 87-3 Can you think of a situation where, with a view to Arts 77, 85, 86(1) CISG, the party that is bound to preserve the goods ought to deposit the goods in a warehouse? Q 87-4 a) Which law deﬁnes the relationship between the party that is obliged to preserve the goods and the owner of the storage facility? b) Does the CISG provide for any direct claims between the other party and the owner of the storage facility? Q 87-5 What happens if the storage costs are unreasonably high? Q 87-6 To what extent can there be an overlap between Art. 87 CISG and interim measures granted by the court or tribunal under the applicable procedural law? Q 87-7 When could the party for whom the goods are being stored require the owner of the storage facility to hand the goods over to it?

Chapter

b) Is there an obligation to notify the other party of the intention to deposit the goods in a warehouse? Q 87-3 Can you think of a situation where, with a view to Arts 77, 85, 86(1) CISG, the party that is bound to preserve the goods ought to deposit the goods in a warehouse? Q 87-4 a) Which law deﬁnes the relationship between the party that is obliged to preserve the goods and the owner of the storage facility? b) Does the CISG provide for any direct claims between the other party and the owner of the storage facility? Q 87-5 What happens if the storage costs are unreasonably high? Q 87-6 To what extent can there be an overlap between Art. 87 CISG and interim measures granted by the court or tribunal under the applicable procedural law? Q 87-7 When could the party for whom the goods are being stored require the owner of the storage facility to hand the goods over to it?

ABSTRACT

Art. 88 CISG deals with the right of the party that is bound to preserve the goods after avoidance of the contract to resell the goods. Its purpose is to avoid exaggerated preservation costs, or the deterioration of goods. Art. 88(1) CISG states the requirements for a right to resale. Art. 88(2) CISG establishes a duty to resell the goods where they are subject to rapid deterioration or cause unreasonable costs of preservation. Art. 88(3) CISG lays down the right of the party who undertook the resale to retain out the costs of preserving and reselling the goods from the resale price.