Applicability of the CISG to Asset Deals


Yılmaz B. D.

Zeitschrift für Europarechtliche Studien (ZEuS), vol.28, no.3, pp.482-508, 2025 (Peer-Reviewed Journal)

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (CISG) plays a crucial role in facilitating international trade by providing a uniform legal framework for the sale of goods. However, its applicability to asset deals remains a subject of debate. This article examines this issue, focusing on the sphere of the CISG and its approach to defining “goods”, as well as the implications of Article 3(2) CISG, which addresses mixed contracts. The analysis considers the classification of aggregated assets, the significance of the preponderant part in suchtransactions and the importance of the parties’ intent. The article concludes that the CISG can, under certain conditions, apply to asset deals, particularly where the preponderant part of the assets involved falls within the CISG’s sphere.