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CISG CASE PRESENTATION

Croatia 12 March 2003 Supreme Court (Shoes case)
[Cite as: http://cisgw3.law.pace.edu/cases/030312cr.html]

Primary source(s) of information for case presentation: Commentary by Marko Baretic & Sasa Niksik

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Case identification

DATE OF DECISION: 20030312 (12 March 2003)

JURISDICTION: Croatia

TRIBUNAL: Supreme Court of the Republic of Croatia

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: II Rev-61/99-2

CASE NAME: Unavailable

CASE HISTORY: 1st instance Commercial Court; 2d instance High Commercial Court [reversed]

SELLER'S COUNTRY: Italy (plaintiff)

BUYER'S COUNTRY: Croatia (defendant)

GOODS INVOLVED: Shoes


UNCITRAL case abstract

CROATIA: Supreme Court 12 March 2003 [II Rev-61/99-2]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/91],
CLOUT abstract no. 920

Reproduced with permission of UNCITRAL

Abstract prepared by David Babic

A Croatian buyer took a delivery of shoes from an Italian seller and failed to pay the price. The seller commenced litigation before the Croatian courts seeking the payment of price. The first and second instance courts ignored the international element and decided the matter under the Croatian municipal law of contract. The Supreme Court ruled that by failing to apply the relevant rules of conflict, the courts erred in the application of substantive law. The Court held that, unless it can be proved that the parties have chosen another law, the contract was governed by the CISG because the parties had their places of business in different Contracting States within the meaning of article 1(1)(a) CISG.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles [-]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

Excerpt from Marko Baretic / Saka Niksik, "Croatia", in: Franco Ferrari ed., The CISG and its Impact on National Legal Systems, Sellier European Law Publishers (2008) 101.

"The case involved a dispute between an Italian seller and a Croatian buyer over payment of the price agreed by the sales contract. In its decision, the Supreme Court of the Republic of Croatia held that the lower courts did not apply proper substantive laws since, instead of the CISG, they applied the COA [Croatian contract law]. The Supreme Court ... held that the dispute had arisen out of an international sales contract and that the parties to the contract had not explicitly agreed on the governing substantive law. Therefore, the Supreme Court ... was of the opinion that this case should have been resolved on the basis of Article 1 of the CISG."

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Croatian): Published at <http://www.vsrh.hr>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated May 10, 2010
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