Netherlands 14 October 2008 Gerechtshof [Appellate Court] Arnhem (Hoogenboom BVBA v. Nijmidon B.V.)
[Cite as: http://cisgw3.law.pace.edu/cases/081014n1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: zaaknummer 104.004.017
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Netherlands
BUYER'S COUNTRY: Belgium
GOODS INVOLVED: [-]
Reproduced with permission of European Journal of Commercial Contract Law (2009-1) 40-41
14 October 2008 [LJN BG2098]
Case abstract by Sonja Kruisinga
"The Court of Appeal of Arnhem held that the answer to the question of whether someone has concluded a contract in his own name or that of a future entity or legal person has to be determined on the basis of the statements made by and the other conduct of that party and through the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances. The same is true for the interpretation of the contract as a whole. The Court held that in this respect it does not make any difference whether Dutch national law or the CISG is applicable, because the provision in Article 8 CISG corresponds to the relevant Dutch law."
Go to Case Table of ContentsAPPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
8A ; 8B ; 8C [Interpretation of party's statements or other conduct: intent of party making statement or engaging in conduct; Interpretation based on objective standards; Interpretation in light of surrounding circumstances]
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Website of the Dutch courts <http://www.rechtspraak.nl/>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
Go to Case Table of Contents
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