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CISG CASE PRESENTATION

Spain 9 November 2006 Appellate Court Islas Baleares
[Cite as: http://cisgw3.law.pace.edu/cases/061109s4.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20061109 (9 November 2006)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial Islas Baleares, sección 5ª

JUDGE(S): Don Mariano Zaforteza Fortuny

CASE NUMBER/DOCKET NUMBER: Appeal No. 405/2006

CASE NAME: Doña Rosa v. Carpintería Merak

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Carpeting


Case abstract

SPAIN: Audiencia Provincial Islas Baleares, 9 November 2006

Case law on UNCITRAL texts (CLOUT) abstract no. 737

Reproduced with permission of UNCITRAL

Abstract prepared by Pilar Perales Viscasillas, National Correspondent

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.

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Classification of issues present

APPLICATION OF CISG: No, dicta reference to CISG

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 25

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

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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Pace Law School Institute of International Commercial Law - Last updated November 8, 2007
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