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Part VII Obligations of the Seller, 32 Third Party Property Rights

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Subject(s):
Validity of contract — Third party property rights and obligations of the seller
32.01 It is a general principle of sales law that the seller is liable to the buyer when delivering goods which are not free from rights of third parties.1 In many domestic legal systems it is even impossible to abrogate this obligation by party agreement; at least in situations where the seller has fraudulently concealed the third party right.2 In other systems there exist special requirements for disclaiming any warranty of title.3 The seller may only escape liability where the buyer is aware of the encumbrance with third party rights.4 The required degree of...
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