Domestic law concepts regarding sellers' liability that are encompassed by Art. 35 CISG

Domestic sales contracts in jurisdictions around the world use various legal concepts that are not explicitely mentioned in the CISG, but may nevertheless be preempted by the Convention's rules in Arts. 35 et seq.

Seller's liability for latent defects (vices cachés)

Dye for clothes case
Audiencia Provincial de Barcelona (Court of Appeal Barcelona)
Spain, 20 June 1997 – 755/95-C, CISG-online 338

Held that the CISG contains no specific rules for hidden defects (vicios ocultos) as known under domestic Spanish law, but that hidden defects are covered by the concept of non-conformity in Art. 35 CISG

Television sets case
Tribunal d'arrondissement de Luxembourg (District Court Luxembourg)
Luxembourg, 27 February 2003 – 47586, CISG-online 4901

Held that the seller's liability for vices cachés, as derived from Roman law and today known under domestic French and Luxembourg law, is not specifically regulated in the CISG, but is encompassed by the notion of non-conformity of Art. 35 CISG

Allianz Belgium S.A. v. MAAF Assurances S.A. et al.
Cour d'appel de Montpellier (Court of Appeal Montpellier)
France, 08 September 2009 – 08/2062, CISG-online 4978

Held that the Sales Convention, notably its Arts. 36 et seq., does not distinguish between discernible defects and vices cachés, but covers the latter nevertheless

Delivery of goods of a different type or category than required by the contract (aliud)

Cobalt sulphate case
Bundesgerichtshof (German Supreme Court)
Germany, 03 April 1996 – VIII ZR 51/95, CISG-online 135

Slovak-German sales contract case
Landgericht Deggendorf (District Court Deggendorf)
Germany, 26 November 2002 – 1 S 46/02, CISG-online 5247

Italian tiles case V
Tribunale d'appello Ticino (Court of Appeal Canton Ticino)
Switzerland, 05 August 2013 – 14.2013.59, CISG-online 4987

Held that the notion of non-conformity in Art. 35 et seq. CISG also encompasses the delivery of an "aliud" or an "aliud pro alio" as known under Italian domestic law

N.K. v. P.K.S.
Högsta domstolen (Swedish Supreme Court)
Sweden, 10 June 2016 – NJA 2016 s. 465 / T5958-14, CISG-online 4088