Spain 28 October 2003 Appellate Court Barcelona (Automobile case)
[Cite as: http://cisgw3.law.pace.edu/cases/031028s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 374/2003
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 50 de Barcelona 5 February 2003
SELLER'S COUNTRY: Spain (defendant)
BUYER'S COUNTRY: France (plaintiff)
GOODS INVOLVED: Automobile
SPAIN: Audiencia Provincial de Barcelona 5 February 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 546
Reproduced with permission of UNCITRAL
The dispute related not to a sales contract but to rectification of an order of seizure on a motor vehicle effected by the State Agency for Tax Administration. In examining the allegation relating to the rectification of the seizure order, the court had to determine who the owner of the vehicle was. The company that claimed ownership was a French limited liability company, while the company that had sold the vehicle was Spanish. The court cited the CISG and article 51 of the Commercial Code, pointing out that the contract of sale of the automobile could have been concluded verbally in accordance with the consensual nature of the contract, as recognized in the legal texts cited.
Go to Case Table of ContentsAPPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan36.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan36.htm>; JUR 2003\260037
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated December 21, 2005