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CISG CASE PRESENTATION

Netherlands 14 October 2008 Gerechtshof [Appellate Court] Arnhem (Hoogenboom BVBA v. Nijmidon B.V.)
[Cite as: http://cisgw3.law.pace.edu/cases/081014n1.html]

Primary source(s) of information for case presentation: Website of the Dutch courts

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Case identification

DATE OF DECISION: 20081014 (14 October 2008)

JURISDICTION: Netherlands

TRIBUNAL: Hof Arnhem [Hof = Gerechtshof = Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: zaaknummer 104.004.017

CASE NAME: Hoogenboom BVBA v. Nijmegen B.V.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Netherlands

BUYER'S COUNTRY: Belgium

GOODS INVOLVED: [-]


Case abstract

Reproduced with permission of European Journal of Commercial Contract Law (2009-1) 40-41

Gerechtshof Arnhem

14 October 2008 [LJN BG2098]

Case abstract by Sonja Kruisinga

"The Court of Appeal of Arnhem held that the answer to the question of whether someone has concluded a contract in his own name or that of a future entity or legal person has to be determined on the basis of the statements made by and the other conduct of that party and through the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances. The same is true for the interpretation of the contract as a whole. The Court held that in this respect it does not make any difference whether Dutch national law or the CISG is applicable, because the provision in Article 8 CISG corresponds to the relevant Dutch law."

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 8

Classification of issues using UNCITRAL classification code numbers:

8A ; 8B ; 8C [Interpretation of party's statements or other conduct: intent of party making statement or engaging in conduct; Interpretation based on objective standards; Interpretation in light of surrounding circumstances]

Descriptors: Intent

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Website of the Dutch courts <http://www.rechtspraak.nl/>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated July 24, 2009
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