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The exclusion of ships and other vessels stated in Art. 2(e) CISG is based on the idea that these vehicles are usually registered. The differences between the various legal systems associated with the registration of such vehicles was the reason why the drafters of the CISG refrained from establishing a duty to register and why they excluded all vehicles potentially subject to registration from the scope of the CISG. Questions Q2-4 What was the reason for excluding sales by auction from the Convention’s sphere of application (Art. 2(b) CISG)? Q2-5a) Why have sales of stocks, investment securities, and negotiable instru-ments been excluded (Art. 2(d) CISG)? b) Remember that documentary sales are governed by the CISG (cf. Art. 57 et seq.). Can you explain the difference between these sales, and those referred to under a)? Hint: What do you buy when buying stocks, and what when buying documents? Q2-6a) Why is the sale of ships, vessels, aircrafts, and hovercrafts not governed by the CISG (Art. 2(e))? b) The sale of parts of those goods is governed by the Convention – can you explain why?
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The exclusion of ships and other vessels stated in Art. 2(e) CISG is based on the idea that these vehicles are usually registered. The differences between the various legal systems associated with the registration of such vehicles was the reason why the drafters of the CISG refrained from establishing a duty to register and why they excluded all vehicles potentially subject to registration from the scope of the CISG. Questions Q2-4 What was the reason for excluding sales by auction from the Convention’s sphere of application (Art. 2(b) CISG)? Q2-5a) Why have sales of stocks, investment securities, and negotiable instru-ments been excluded (Art. 2(d) CISG)? b) Remember that documentary sales are governed by the CISG (cf. Art. 57 et seq.). Can you explain the difference between these sales, and those referred to under a)? Hint: What do you buy when buying stocks, and what when buying documents? Q2-6a) Why is the sale of ships, vessels, aircrafts, and hovercrafts not governed by the CISG (Art. 2(e))? b) The sale of parts of those goods is governed by the Convention – can you explain why?
ABSTRACT
The exclusion of ships and other vessels stated in Art. 2(e) CISG is based on the idea that these vehicles are usually registered. The differences between the various legal systems associated with the registration of such vehicles was the reason why the drafters of the CISG refrained from establishing a duty to register and why they excluded all vehicles potentially subject to registration from the scope of the CISG.