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CISG CASE PRESENTATION

Spain 20 July 2006 Supreme Court
[Cite as: http://cisgw3.law.pace.edu/cases/060720s4.html]

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

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Case identification

DATE OF DECISION: 20060720 (20 July 2006)

JURISDICTION: Spain

TRIBUNAL: Tribunal Supremo, sección 1ª, sala de lo Civil

JUDGE(S): Don Juan Antonio Xiol Ríos

CASE NUMBER/DOCKET NUMBER: No. 731/2006

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: [-]

BUYER'S COUNTRY: [-]

GOODS INVOLVED: [-]


Case abstract

SPAIN: Tribunal Supremo 20 July 2006

Case law on UNCITRAL texts (CLOUT) abstract no. 797

Reproduced with permission of UNCITRAL

Abstract prepared by Maria del Pilar Perales Viscasillas, National Correspondent

In this case, in a trust contract under which one of the parties remained a hidden partner holding half of the shares of a limited company corresponding to the other party with an obligation to share the resulting profits and losses, the court found that the Vienna Convention, and specifically CISG article 25 concerning fundamental breach of contract, could be interpreted in the light of article 1124 of the Spanish Civil Code. Referring to the explanation given in an earlier decision by the same court [see CLOUT case 735], the appellate court also cited in support article 8:103 (c) of the Principles of European Contract Law.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 25

Classification of issues using UNCITRAL classification code numbers:

25B [Definition of fundamental breach: substantial deprivation of expectation, etc.]

Descriptors: Fundamental breach

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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/respan55.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan55.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated October 10, 2008
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