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CISG CASE PRESENTATION

Serbia 1 September 2006 High Commercial Court
[Cite as: http://cisgw3.law.pace.edu/cases/060901sb.html]

Primary source(s) of information for case presentation: Case text

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Case identification

DATE OF DECISION: 20060901 (1 September 2006)

JURISDICTION: Serbia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Serbia

BUYER'S COUNTRY: Austria

GOODS INVOLVED: [-]


Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 1 ; 95

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Serbian): Click here for excerpt from Serbian text of case (published at Paragraf Lex database of Serbian court decisions)

Translation (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text (English translation)

Queen Mary Case Translation Programme

High Commercial Court in Belgrade

Decision of 1 September 2006 [Pz 865/2005(3)

Translation [*] by Marko Jovanovic, LL.M.
Edited by Dr. Vladimir Pavic, Milena Djordjevic, LL.M. [**]

[...]

RULING

The Vienna Convention on International Sale of Goods only governs the offer and its acceptance, as well as the rights and obligations arising out of such an agreement. The Convention does not govern entirely all the questions that may arise with respect to the conclusion and effects of a contract of sale with an international element.

REASONS FOR THE DECISION (EXCERPT)

Very often, when searching for the law applicable to the disputes arising out of contracts for sale of goods, the courts arrive to the text of the Vienna Convention on international sale of goods, which entered into force (with respect to the former SFRY as well) on 1 January 1988, as Yugoslavia had ratified the Convention already in 1984 (United Nations Convention on Contracts for the International Sale of Goods - hereinafter referred to as: the Vienna Convention, was ratified in Yugoslavia, the legal successor of which is now Serbia ("International Treaties", No. 10-1/84 published on 31 December 1984). Austria, the country of Respondent, is a party to the Convention since 29 December 1987). The purpose of the Vienna Convention, as an act which unifies the substantive law of the sale of goods, is not to provide for conflict-of-law rules so, according to the definition of this branch of law, it is deemed to be outside the scope of interest of private international law. However, the Vienna Convention contains some provisions that are important for the determination of the applicable law and that fall within the scope of private international law. In that sense, the relevant provisions are Articles 1 and 95 of the Vienna Convention. The main classification for the purposes of this analysis shall correspond to the classification adopted in Article 1 of the Vienna Convention. Two situations are to be distinguished: 1) the cases where the parties have their places of business in different Contracting States; and 2) all other cases.


FOOTNOTES

* All translations should be verified by cross-checking against the original text.

** Marko Jovanovic, LL.M. (U. of Belgrade) is a Doctorate student at both the University of Belgrade Faculty of Law and the University of Paris 1 - Pantheon Sorbonne. Dr. Vladimir Pavic is an Assistant Professor in Private International Law and Arbitration, and Milena Djordjevic, LL.M. (U. of Pittsburgh) is a Lecturer in International Commercial Law at the University of Belgrade Faculty of Law.

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Pace Law School Institute of International Commercial Law - Last updated September 9, 2009
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