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CISG CASE PRESENTATION

Spain 31 October 1997 Appellate Court Cordoba (Steel profiles case)
[Cite as: http://cisgw3.law.pace.edu/cases/971031s4.html]

Primary source(s) of information for case presentation: UNCITRAL abstract; Pilar Perales Viscasillas

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Case identification

DATE OF DECISIONS: 19971031 (31 October 1997)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial [Appellate Court] de Cordoba, sección 3a

JUDGE(S): Francisco Angulo Martin

CASE NUMBER/DOCKET NUMBER: 224/1997-269/1997

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Italy

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Steel profiles


Case abstract

SPAIN: Audiencia de Cordoba, sección 3, 31 October 1997

Case law on UNCITRAL text (CLOUT) abstract no. 247

Reproduced with permission from UNCITRAL

Under a contract of sale agreed between an Italian seller and a Spanish buyer in accordance with the current Incoterms, the goods forming the subject of the contract arrived at the place of destination with certain defects. When the goods were loaded on the vessel at the Italian port, the captain of the vessel signed the document bearing the remark "clean on board", i.e. in perfect condition.

The Court held that, in view of the type of contract entered into between the seller and the buyer regarding the delivery and carriage of the goods, the liability of the seller, in accordance with articles 31 and 67 of the CISG ceased when the goods were taken on board a vessel loaded at the port of origin. As from that moment, the risks relating to the sold items passed to the buyer, irrespective of whether the buyer had arranged the insurance of the goods sold and transported.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 31 ; 67

Classification of issues using UNCITRAL classification code numbers:

31A [Contract involving carriage of goods];

67A [Risk when contract involves carriage of goods]

Descriptors: Delivery ; Incoterms ; Passage of risk

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Editorial remarks

EDITOR: Albert H. Kritzer

The tribunal evaluated an Incoterms clause in an international transport contract in the light of CISG articles 31 and 67.

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=315&step=Abstract>

Spanish: CISG-Spain and Latin America database at http://www.uc3m.es/cisg/respan4.htm

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America database at http://www.uc3m.es/cisg/sespan4.htm; Revista General de Derecho, No. 648 (September 1998) 12077-12078; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=315&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Valioti, Passing of Risk under CISG and Incoterms (2003) n.121; Larry A. DiMatteo et al., 34 Northwestern Journal of International Law & Business (Winter 2004) 299-440 at n.682

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Pace Law School Institute of International Commercial Law - Last updated September 17, 2004
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