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CISG CASE PRESENTATION

Netherlands 19 July 2001 District Court Rotterdam
[Cite as: http://cisgw3.law.pace.edu/cases/010719n1.html]

Primary source(s) of information for case presentation: Citation in 2004 text by SA Kruisinga

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Case identification

DATE OF DECISION: 20010719 (19 July 2001)

JURISDICTION: Netherlands

TRIBUNAL: Rb Rotterdam [Rb = Arrondissementsrechtbank = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: [-]

BUYER'S COUNTRY: [-]

GOODS INVOLVED: [-]


Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 38(2)

Classification of issues using UNCITRAL classification code numbers:

38B [Buyer's obligation to examine goods (time for examining goods): when contract involves carriage of goods, postponement until after arrival at destination]

Descriptors: Examination of goods

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Editorial remarks

Exerpt from [2004] S.J. Kruisinga, (Non)-conformity in the 1980 Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 75

"[In this decision] it was held that in the case of an FOT (Free on Truck, comparable to FOB) contract, art. 38(2) CISG was not applicable, because the contract that had been concluded between the parties was held not to involve carriage of the goods by the seller. This view conflicts with [Helsinki Court of Appeal 29 January 1998] where it was stated that for the application of art. 38(2) CISG it does not make any difference which of the contracting parties has to arrange for the carriage of the goods."

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Nederlands Internationaal Privaatrecht (2002), no. 111

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 5, 2004
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