Although CISG is specifically designed for governing the international sales contracts, the definition of the word “Sale of goods contract” is not clearly provided. The CISG, instead, set forth the obligations of seller and buyer in Articles 30 and 53, from which the definition of sale can be inferred. At large, Articles 30 and 53 collectively suggest that the seller is obligated to transfer ownership and possession of goods to the buyer, and the buyer must pay the purchase price in return.
However, this inference creates an uncertainty among states in applying the CISG. In particular, it does not stipulate when the ownership and possession of goods shall be transferred, nor does it state that purchase price shall be totally settled with only the money. In this regard, the trade-In arrangement (an object is used as a part payment for goods) also possess such characteristic of sale, although not called sale contract.
This sparks a question of whether the scope of the sale of goods contract under the CISG should be limited, for example, through a guideline for interpretation. Or else, the definition of the sale should be prescribed, i.e., to an exchange between only goods and money.
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