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CISG CASE PRESENTATION

Switzerland 16 August 2005 / 11 May 2006 District Court Obwalden (Horse case)
[Cite as: http://cisgw3.law.pace.edu/cases/050816s1.html]

Primary source(s) of information for case presentation: CISG-online website

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Case identification

DATE OF DECISION: 20050816 (16 August 2005) / 20060511 (11 May 2006)

JURISDICTION: Switzerland

TRIBUNAL: Kantonsgericht [District Court] Obwalden

JUDGE(S): Dr. Walter Omlin (Präsident), Trudi Abächerli-Halter (Richterin), Edwin Berchtold (Richter)

CASE NUMBER/DOCKET NUMBER: Z 03/039

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Switzerland (plaintiff)

BUYER'S COUNTRY: Probably Germany (defendant)

GOODS INVOLVED: Horse


UNCITRAL case abstract

SWITZERLAND: Kantonsgericht Obwalden (Horse case) 16 August 2005 / 11 May 2006 [Z 03/039]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/90],
CLOUT abstract no. 910

Reproduced with permission of UNCITRAL

Abstract prepared by Thomas M. Mayer

The subject-matter of the judgement in question was the sale of a horse. The Swiss buyer brought an action against the foreign seller (probably German), seeking reimbursement of the sale price. To that end, it relied on a warranty clause in the contract of sale.

In that clause it was agreed that, with regard to any defect discovered at the time of a preliminary veterinary examination of the horse, the sale price had to be refunded if the horse was still unfit for the equestrian sport stated (eventing) at the end of a warranty period of one and a half years. In the court's opinion, that clause was not part of the contract of sale within the meaning of the CISG but formed a distinct agreement to be considered separately. Owing to the close link with the contract of sale, the court held that the warranty agreement was subject to the same law, i.e. Swiss law. However, it applied only private domestic law and not the CISG.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 2(a) ; 4

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

German: Swiss Review of International and European Law (SRIEL) (1-2/2008) 204 et seq.

CITATIONS TO TEXT OF DECISION

Original language (German): CISG-online website <http://globalsaleslaw.com/content/api/cisg/urteile/1727.pdf>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated May 7, 2010
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