| See also: | UNCITRAL Digest cases plus added cases Above plus annotations and added material |
The UNCITRAL Digest of case law on the United
Nations Convention on the International Sale of Goods
A/CN.9/SER.C/DIGEST/CISG/56 [8 June 2004].
Reproduced with the permission of UNCITRAL.
| ARTICLE 56
If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight. |
1. According to this provision if the price is fixed according to the weight of the goods, it is the weight remaining after deduction of the weight of the packaging which, in case of doubt, governs the price. This is a rule of interpretation which is applied in the absence of contractual stipulations, usage or practices established between the parties.
2. Court decisions referring to article 56 have been extremely rare.[1]
FOOTNOTE
[Citations to cisgw3 case presentations have been substituted [in brackets] for the case citations provided in the UNCITRAL Digest. This substitution has been made to facilitate online access to CLOUT abstracts, original texts of court and arbitral decisions, and full text English translations of these texts (available in most but not all cases). For citations UNCITRAL had used, go to <http://www.uncitral.org/english/clout/digest_cisg_e.htm>.]
1. See [UNITED STATES Victoria Alloys, Inc. v. Fortis Bank SA/NV Federal Bankruptcy Court [Ohio] 10 April 2001 available online at <http://cisgw3.law.pace.edu/cases/010410u1.html>].
Pace Law School Institute of International Commercial Law - Last updated July 21, 2005