Impact of Art. 38 on the interpretation of non-CISG provisions

Beyond its actual sphere of application, Art. 38 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.

Argentine law:

Talleres Llave S.A. v. Furlanetto S.A.
Cámara Nacional de Apelaciones en lo Comercial (National Commercial Court of Appeals)
Argentina, 29 May 1998, CISG-online 4416

Reference made to Arts. 38(1), 39(1) and (2) CISG as a "model" in interpreting Art. 473 of the Argentine Commercial Code (as in force until 2014), a provision that limited the seller's liability for hidden defects to a maximum period of 6 months after delivery

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. 38(3) CISG ("knew or ought to have known") in interpreting the (narrower) term “known” in section 6 of New Zealand´s Contractual Mistakes Act 1977