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CISG CASE PRESENTATION

Hungary 21 May 1996 Metropolitan Court
[Cite as: http://cisgw3.law.pace.edu/cases/960521h1.html]

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


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Case identification

DATE OF DECISION: 19960521 (21 May 1996)

JURISDICTION: Hungary

TRIBUNAL: FB Budapest [FB = Fovárosi Biróság = Metropolitan Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 12.G.75.693/1995/38

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Sweden (plaintiff)

BUYER'S COUNTRY: Hungary (defendant)

GOODS INVOLVED: Unavailable


Case abstract

HUNGARY: Metropolitan Court 21 May 1996

Case law on UNCITRAL texts (CLOUT) abstract no. 143

Reproduced with permission from UNCITRAL

The [seller], a Swedish company, sued the [buyer], a Hungarian company, requesting payment of price for the goods delivered. The [buyer] disputed the existence of a valid contract.

The court, noting that the parties had their places of business in different Contracting States of the CISG and that those States had ratified the Convention before the conclusion of the relevant contract between the [seller] and the [buyer], found the CISG to be applicable (art. 1(1)(a) and 100(2) CISG). Also noting that Sweden had accepted the Convention with a reservation concerning Part II (formation of the contract) (92(1) CISG), the court applied the provisions of the Hungarian private international law and found that Swedish law was applicable with regard to the formation of the contract.

Under the Swedish Act No. 28 of 1915, the contract had to be concluded in writing. The court found that the contract had in fact been concluded in writing, and, applying the CISG in all other respects, dismissed the defence of the [buyer] as unfounded and ordered the [buyer] to pay the price.

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Classification of issues present

APPLICATION OF CISG: Yes [Articles 1(1)(a) ; 100(2)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 92 [Also cited: Articles 53 ; 78 ; 100 ]

Classification of issues using UNCITRAL classification code numbers:

92A [Declarations not to be bound by Part II (Formation of Contracts)]

Descriptors: Declaration, Art. 92

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

English: Unilex database, 1996 [reproduction of CLOUT abstract]

Italian: [1998] Diritto del Commercio Internazionale 1108-1109 No. 215

Polish: Hermanowski/Jastrzebski, Konwencja Narodow Zjednoczonych o umowach miedzynarodowej sprzedazy towarow (Konwencja wiedenska) - Komentarz (1997) 297-298

CITATIONS TO TEXT OF DECISION

Original language (Hungarian): Printed text may be obtained from UNCITRAL

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Ferrari, International Legal Forum 4/1998) 138-255 [169 n.269 (effect of Art. 92 declaration)]; Flechtner, 17 Journal of Law and Commerce (1998) 194 n.23 [Art. 92]; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 1 para. 33 Art. 92 para. 3; Henschel, The Conformity of Goods in International Sales, Forlaget Thomson (2005)

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Pace Law School Institute of International Commercial Law - Last updated December 5, 2005
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