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CISG CASE PRESENTATION

Belarus 4 June 2003 Supreme Economic Court of the Republic of Belarus (Belparquet LLC v. R.V. STEMAU S.r.l.)
[Cite as: http://cisgw3.law.pace.edu/cases/030604b5.html]

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

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Case identification

DATE OF DECISION: 20030604 (4 June 2003)

JURISDICTION: Belarus

TRIBUNAL: Supreme Economic Court of the Republic of Belarus

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 30-10/2002

CASE NAME: Belparquet LLC v. STEMAU S.r.l.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Belarus (plaintiff)

BUYER'S COUNTRY: Italy (defendant)

GOODS INVOLVED: Parquet


Case abstract

BELARUS: Supreme Economic Court of the Republic of Belarus 4 June 2003

Case law on UNCITRAL texts (CLOUT) abstract no. 498

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.

Belparquet LLC (the seller), a Belarusian company, concluded on 14 and 21 May 2001 two contracts for the sale of parquet with STEMAU S.r.l. (the buyer), an Italian company. The goods were delivered to the buyer. However, the buyer paid only part of the total agreed price of Deutsche Mark [DM] 105,753.60. The seller sued the buyer to recover the outstanding sum of 9,006.68 Euros. The defendant did not appear in court.

The court noted that the parties did not declare the applicable law in their contracts. Therefore, the court stated that, by virtue of art. 8 of the Constitution of Belarus, international treaties are part of the legislation in force in the Republic of Belarus. Therefore, as both Belarus and Italy are party to the CISG, the court declared that 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 pay in full the price of the goods, the court entered a judgment against the buyer for the full amount of 9,006.68 Euros requested by the seller.

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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

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Editorial remarks

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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 (Belarussian): Text on file at UNCITRAL

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated June 14, 2005
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