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CISG CASE PRESENTATION

Spain 8 July 2011 Appellate Court Murcia (Lemons case)
[Cite as: http://cisgw3.law.pace.edu/cases/110708s4.html]

Primary source(s) of information for case presentation: CISG Spanish website

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Case identification

DATE OF DECISION: 20110708 (8 July 2011)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Murcia (Sección 1ª)

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Judgment no. 348/2011 [Appeal no. 846/2010]

CASE NAME: Unavailable

CASE HISTORY: First instance District Court no. 8 of Murcia 26 May 2010

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Lemons


UNCITRAL case abstract

SPAIN: Murcia Provincial High Court [1]
Judgement No. 348/2011 08 July 2011

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/147],
CLOUT abstract no. 1382

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

The parties to a sales contract for lemons were in dispute over the price of the goods delivered.

In this regard, the Court considered the application of the Spanish Civil Code in relation to the price of the sales contract in the light of various international instruments.

In the Court’s view, joint interpretation of the Civil Code rules on determining price in the sales contract must be based on an objective criterion, price not being determinable by one party alone. In the instant case, the objective criterion was the market price of lemons at the time the sale was concluded by the parties.

Price determination, the Court understood, should be tied to an objective criterion in keeping with international legal instruments relating to the sale of goods, which set out residual determination criteria referring to the possibility of objective determination (thus, both the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts include residual price determination standards that refer to objective criteria such as the market price, the price generally charged, or the “reasonable” price. Similar criteria are provided by legal texts that reflect efforts to harmonize the law of obligations and contracts within the European Union, namely the Principles of European Contract Law (PECL), published in 2000 and the current Draft Common Frame of Reference (CFR) based thereon).

Although such standards, the Court continued, were based on a different model of contract (open contract) and were mainly intended for systems in which criteria for residual price determination were available, nevertheless Spain’s legal system endorsed the approach of always taking an objective criterion into account.

The Court determined finally that the sale of goods at issue was in accordance with the market price.

__________________________________________________________________
1 Previously heard by Murcia Court of First Instance No. 8, 26 May 2010.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article [-]

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

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spanish website <http://www.cisgspanish.com/wp-content/uploads/2013/08/murcia8julio20111.pdf>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated September 4, 2014
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