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]
DATE OF DECISION:
CASE NUMBER/DOCKET NUMBER: 30-10/2002
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Belarus (plaintiff)
BUYER'S COUNTRY: Italy (defendant)
GOODS INVOLVED: Parquet
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.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