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CISG CASE PRESENTATION

Spain 14 July 2010 Cáceres Court of Appeals (Rolls of rubber case)
[Cite as: http://cisgw3.law.pace.edu/cases/100714s4.html]

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

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Case identification

DATE OF DECISION: 20100714 (14 July 2010)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Cáceres

JUDGE(S): Don Antonio María González Floriano

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Juzgado de Primera Instancia número 2 de Trujillo, 26 April 2010

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Italy

GOODS INVOLVED: Rolls of rubber


UNCITRAL case abstract

SPAIN: Cáceres Provincial High Court (Rolls of rubber case) 14 July 2010

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/105],
CLOUT abstract no. 1034

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas

The Court considered article 8 of CISG with a view to interpreting the intention of the parties with regard to the amount and the price fixed in a sales contract. On the basis of the article, the Court ruled that, in view of the communications exchanged by the parties, it could not be concluded that the seller "did not know or was unaware of the buyer's intent, given that the latter had expressed the unequivocal intention of buying only 30 bales at a price of €20.57 per bale and not at a price per metre". The Court thus found, in application of article 8 of CISG, that the knowledge of the buyer's intent should prevail.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 8 14

Classification of issues using UNCITRAL classification code numbers:

8A [Intent of party making statement or engaging in conduct]

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

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/sespan84.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated June 9, 2011
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