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CISG CASE PRESENTATION

Spain 28 October 2003 Appellate Court Barcelona (Automobile case)
[Cite as: http://cisgw3.law.pace.edu/cases/031028s4.html]

Primary source(s) of information for case presentation: CISG-Spain and Latin America website

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Case identification

DATE OF DECISION: 20031028 (28 October 2003)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Barcelona, Sección 16

JUDGE(S): Don Jordi Segui Puntas

CASE NUMBER/DOCKET NUMBER: 374/2003

CASE NAME: Auto International S.r.l. v. Sun's Garage et al.

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


Case abstract

SPAIN: Audiencia Provincial de Barcelona 5 February 2003

Case law on UNCITRAL texts (CLOUT) abstract no. 546

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

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.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 11

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

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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Pace Law School Institute of International Commercial Law - Last updated December 21, 2005
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