Spain 15 February 2003 Appellate Court Valencia (Ceramicas S.L. v. Hanjin Shipping Co. Ltd)
[Cite as: http://cisgw3.law.pace.edu/cases/030215s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 739/2002
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 21 de Valencia 27 May 2002
SELLER'S COUNTRY: China
BUYER'S COUNTRY: Spain (plaintiff)
GOODS INVOLVED: 82,000 cajas de vela
SPAIN: Audiencia Provincial de Valencia 15 February 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 552
Reproduced with permission of UNCITRAL
The dispute involved not the buyer and seller under the international sales contracts, but the Spanish buyer (consignee) and the carrier. The goods were destroyed as a result of a fire on board the vessel on which they were being transported. The buyer sought damages and to be declared the owner of the goods, which was considered moot by the lower court judge. The appeal court held that the buyer bore the risks of transport from the time at which the goods were loaded on to the vessel. Citing article 66 CISG, it accordingly ruled that the buyer was the injured party and its claim justified.
Go to Case Table of ContentsAPPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan32.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan32.htm>; JUR 2003\141411
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
Go to Case Table of Contents
Pace Law School
Institute of International Commercial Law - Last updated December 21, 2005