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CISG CASE PRESENTATION

Croatia 11 July 2007 High Commercial Court (Morel Trade v. Kuna Corporation d.o.o.)
[Cite as: http://cisgw3.law.pace.edu/cases/070711cr.html]

Primary source(s) of information for case presentation: Commentary by Marko Baretic & Sasa Niksik

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Case identification

DATE OF DECISION: 20070711 (11 July 2007)

JURISDICTION: Croatia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Pz-7365/04-3

CASE NAME: Morel Trade v. Kuna Corporation d.o.o.

CASE HISTORY: 1st instance Commercial Court Zagreb [affirmed]

SELLER'S COUNTRY: Italy (plaintiff)

BUYER'S COUNTRY: Croatia (defendant)

GOODS INVOLVED: [-]


UNCITRAL case abstract

CROATIA: High Commercial Court 11 July 2007 [Pz-7365/04-3]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/91],
CLOUT abstract no. 914

Reproduced with permission of UNCITRAL

Abstract prepared by David Babic

An Italian seller commenced an action in the Commercial Court of Zagreb against a Croatian buyer for the payment of price for the goods delivered. The Zagreb court ruled in favour of the seller. The High Commercial Court affirmed the decision of the Zagreb court although it noted that the court should have applied the CISG and not the Croatian Obligations Act. The court cited article 38(1) CISG which provides for the duty of the buyer to examine the goods as soon as practicable and article 39(1) CISG which provides that the buyer loses the right to rely on a lack of conformity if he does not notify it to the seller within a reasonable time. The court found that, even if the goods were not conforming to the contract as the buyer claimed during the proceedings, the buyer failed to timely notify the seller of the lack of conformity in accordance with the those provisions of the CISG and therefore the buyer was liable for the payment of price.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 38 ; 39

Classification of issues using UNCITRAL classification code numbers:

38A [Buyer's obligation to examine goods: time for examining goods];

39A [Requirement to notify seller of lack of conformity: buyer must notify seller within a reasonable time]

Descriptors: Examination of goods ; Lack of conformity notice, timeliness

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Editorial remarks

Excerpt from Marko Baretic / Saka Niksik, "Croatia", in: Franco Ferrari ed., The CISG and its Impact on National Legal Systems, Sellier European Law Publishers (2008) 102.

"[T]he High Commercial Court rejected the appeal of the defendant and affirmed the decision of the Commercial Court in Zagreb. The High Commercial Court was of the opinion that the dispute should have been resolved pursuant to the CISG. Although the lower court did not specify the source of law pursuant to which it reached the decision, the High Commercial Court held that the same decision would have been reached pursuant to the provisions of the CISG"

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Croatian): Published at <http://www.vsrh.hr>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated May 10, 2010
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