Spain 9 November 2006 Appellate Court Islas Baleares
[Cite as: http://cisgw3.law.pace.edu/cases/061109s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Appeal No. 405/2006
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Spain
BUYER'S COUNTRY: Spain
GOODS INVOLVED: Carpeting
SPAIN: Audiencia Provincial Islas Baleares, 9 November 2006
Case law on UNCITRAL texts (CLOUT) abstract no. 737
Reproduced with permission of UNCITRAL
The Spanish claimant and the Spanish defendant entered into a carpeting contract, under which the claimant was to craft and install works in the house of the defendant. The defendant did not pay the agreed contract price, claiming that the work was faulty. Therefore, the claimant took legal action to recover the money.
The court noted that the breach of contract by one party must be fundamental in order to give the other party the right of avoidance. According to the court, a fundamental breach needed to be intentional and to be a substantial violation of contract leading to the failure of the legitimate expectations of the other contracting party. The court also observed that this interpretation trend in jurisprudence adjusted to the principles of modern international instruments, referring to the definition of a fundamental breach in article 25 CISG and in the European Contract Principles. The court decided that the claimant's work had only some very minor defects and that the claimant, thus, had fulfilled its obligation under the contract. In contrast, it held that the defendant had fundamentally breached its obligation by not paying the agreed contract price.
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/respan57.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan57.htm>; see also Aranzadi/Westlaw JUR 2007\90656
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated November 8, 2007