Belarus 17 April 2003 Economic Court of the Vitebsk Region (Marko SOOO v. R.V. Saotadze)
[Cite as: http://cisgw3.law.pace.edu/cases/030417b5.html]
DATE OF DECISION:
CASE NUMBER/DOCKET NUMBER: 52-11
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Belarus (plaintiff)
BUYER'S COUNTRY: Russian Federation (defendant)
GOODS INVOLVED: Footwear
BELARUS: Economic Court of the Vitebsk Region 17 April 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 497
Reproduced with permission from UNCITRAL
The case deals with the application of the CISG in case of failure of fulfilment of the obligation of payment by the buyer.
Marko SOOO (the seller), a Belarusian company, concluded on 7 February 2002 a contract for the sale of footwear with R.V. Saitadze (the buyer), an individual entrepreneur domiciled in Russia. The goods were delivered to the buyer. However, the buyer did not pay the agreed price of roubles 618,104.5. The seller sued the buyer to recover the outstanding sum. The defendant did not appear in court.
The court noted that the contract contained the choice of the Vitebsk forum and of Belarus law, and that therefore, as both Belarus and the Russian Federation are party to the CISG, the CISG applies to the contract.
The court also stated that, according to article 53 CISG, the buyer has an obligation to pay the price of the goods. Since the buyer had failed to make the payment within the term specified in the contract, the court entered a judgment against the buyer for the full amount of roubles 618,104.5 requested by the seller.Go to Case Table of Contents
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
CITATIONS TO OTHER ABSTRACTS OF DECISION
CITATIONS TO TEXT OF DECISION
Original language (Belarussian): Text on file at UNCITRAL
CITATIONS TO COMMENTS ON DECISION
UnavailableGo to Case Table of Contents