Spain 26 July 2005 Appellate Court Cordoba
[Cite as: http://cisgw3.law.pace.edu/cases/050726s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Sentencia No. 328/05; Rollo No. 302/2005
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 2 de Montilla (Córdoba)
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: Sales contract involving real estate
SPAIN: Audiencia Provincial de Cordoba, 26 July 2005
Case law on UNCITRAL texts (CLOUT) abstract no. 731
Reproduced with permission of UNCITRAL
The buyer and the seller entered into a sales contract about real estate. The payment was to take place by instalments. After the date of the last instalment elapsed without payment, the seller avoided the contract by a notary declaration. The seller tried to get a court order evicting the buyer from the property. The buyer argued that the avoidance of the contract had not been judicially recognized.
The court held that the contract had been rightfully avoided. The court noted that a contract could be avoided after default by the other party judicially and extra judicially. In its reasoning, the court interpreted the national law making references to article 26 CISG and the European Contract Principles.
Go to Case Table of ContentsAPPLICATION OF CISG: No, dicta reference to 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/respan43.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan43.htm>; see also Fuente: Aranzadi Westlaw
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated November 8, 2007