Spain 31 October 1997 Appellate Court Cordoba (Steel profiles case)
[Cite as: http://cisgw3.law.pace.edu/cases/971031s4.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 224/1997-269/1997
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Italy
BUYER'S COUNTRY: Spain
GOODS INVOLVED: Steel profiles
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.
Case abstract
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
31A [Contract involving carriage of goods];
67A [Risk when contract involves carriage of goods]
Descriptors:
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 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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Institute of International Commercial Law - Last updated September 17, 2004