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CISG CASE PRESENTATION

Switzerland 21 October 1994 Appellate Court Valais (Software case)
[Cite as: http://cisgw3.law.pace.edu/cases/941021s1.html]

Primary source(s) for case presentation: Michael R. Will; UNCITRAL abstract


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Case identification

DATE OF DECISION: 19941021 (21 October 1994)

JURISDICTION: Switzerland

TRIBUNAL: Tribunal Cantonal Valais [Canton Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: PN 76/94

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Switzerland (plaintiff)

BUYER'S COUNTRY: France (defendant)

GOODS INVOLVED: Software


Case abstract

SWITZERLAND: Tribunal cantonal du Valais 21 October 1994

Case law on UNCITRAL texts (CLOUT) abstract no. 198

Reproduced with permission from UNCITRAL

The defendants, two Swiss sellers of computer software, attached the Swiss bank accounts of the plaintiff, a French buyer, and asked for specific performance of the sale of software contract, which had been declared avoided by the [buyer].

The court ruled under Swiss law in favour of the [sellers]. The court, deciding on the issue of jurisdiction, held that the CISG was not applicable in Switzerland. The CISG had entered into force in Switzerland on 1 March 1991 and the contract for the sale of the software was concluded on 21 September 1990. Pursuant to its article 100, the CISG applies only when the proposal for concluding the contract is made on or after the date when the CISG enters into force in the Contracting States. In addition, the CISG was neither applicable under article 1(1)(b) CISG, since the relevant Swiss choice-of-law rule designated Swiss law at the place of the seller as the applicable law.

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Classification of issues present

APPLICATION OF CISG: No [Article 100]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 100 [Also cited: Article 1(1)(b) ]

Classification of issues using UNCITRAL classification code numbers:

100B1 [Applicability based on date of contract]

Descriptors: Applicability

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

German: Revue valaissanne de jurisprudence / Zeitschrift für Walliser Rechtsprechung (1994) 312

CITATIONS TO TEXT OF DECISION

Original language (French): Revue valaissanne de jurisprudence / Zeitschrift für Walliser Rechtsprechung (1994) 312-318

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

French: Vouilloz, Revue valaissanne de jurisprudence / Zeitschrift für Walliser Rechtsprechung (1994) 337-347 [343 n.31]

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Pace Law School Institute of International Commercial Law - Last updated February 5, 2002
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