Impact of Art. 2 on the interpretation of non-CISG provisions

Beyond its actual sphere of application, Art. 2 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.

European law:

Cum-ex sales contract case
Oberlandesgericht Frankfurt am Main (Court of Appeal Frankfurt am Main)
Germany, 02 July 2020 – 1 U 111/18, CISG-online 5375

Reference made to Art. 2(d) CISG in interpreting the term “goods” ("bewegliche Sachen") in Art. 7(1)(b) Brussel-I-Regulation not to encompass the sale of shares

New Zealand law:

Tri-Star Customs and Forwarding v. Denning
Court of Appeal of New Zealand
New Zealand, 02 July 1998 – 1 NZLR 33, CISG-online 2453

Reference made to the wording of Art. 2(a) CISG ("neither knew nor ought to have known") in interpreting the (narrower) term “known” in section 6 of New Zealand´s Contractual Mistakes Act 1977