Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography

CISG CASE PRESENTATION

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]

Primary source(s) of information for case presentation: UNCITRAL

Case Table of Contents


Case identification

DATE OF DECISION: 20030417 (17 April 2003)

JURISDICTION: Belarus

TRIBUNAL: Economic Court of the Vitebsk Region

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 52-11

CASE NAME: Marko SOOO v. R.V. Saitadze

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Belarus (plaintiff)

BUYER'S COUNTRY: Russian Federation (defendant)

GOODS INVOLVED: Footwear


Case abstract

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

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 53

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

Go to Case Table of Contents

Editorial remarks

Go to Case Table of Contents

Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Belarussian): Text on file at UNCITRAL

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated June 14, 2005
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography