Editor's note: Art. 39 of the 1978 Draft
Article 39 of the 1978 Draft, which the Secretariat Commentary is on, is the counterpart of two CISG articles:
1. Article 39 (1) of the 1978 Draft became article 41 CISG.
Article 41 CISG
The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or claim. However, if such right or claim is based on industrial property or other intellectual property, the seller's obligation is governed by article 42.
2. Article 39 (2) of the 1978 Draft became article 43 (1) CISG (article 43 (2) CISG was added during the 1980 Diplomatic Conference).
Article 43 CISG
(1) The buyer loses the right to rely on the provisions of article 41 or article 42 if he does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he has become aware or ought to have become aware of the right or claim.