Data
- Date:
- 13-04-2007
- Country:
- Ukraine
- Number:
- 44/69
- Court:
- Commercial Court of Donetsk Region
- Parties:
- Bobst S.A. v. Express
Keywords
BUYER'S OBLIGATION - PAYMENT OF PRICE (ART. 53 CISG) - NO NEED FOR FORMAL REQUEST BY SELLER (ART. 59 CISG)
REMEDIES FOR BUYER'S BREACH OF CONTRACT (ART. 61 CISG) - SELLER'S RIGHT TO REQUIRE PAYMENT OF PRICE (ART. 62 CISG)
INTEREST - RIGHT TO INTEREST IN CASE OF LATE PAYMENT OF PRICE (ART. 78 CISG)
Abstract
A Swiss seller and a Ukrainian buyer entered into a contract for the sale of an automatic crucible press (Incoterms 2000, FCA). The seller delivered and set-up the press. The buyer paid only part of the purchase price, and thus the seller filed a lawsuit against it claiming the payment of the price balance, plus interest and penalties.
Regarding the governing law, the Court concluded that Swiss Law, which had been chosen by the parties as the law governing the contract, was applicable. Moreover, since the contract was a foreign economic contract, it fell within the scope of CISG, to which both Ukraine and Switzerland are parties.
As to the merits, the Court held that the seller had duly performed its obligations under the contract, since it handed the goods over to the carrier to be transported to Ukraine (Art. 30 CISG).
Furthermore, the Court found that the seller had correctly retained the ownership of the goods, since the buyer had not fulfilled its obligation to pay the price (Arts. 53 and 59 CISG). Under the contract's provisions, the seller was therefore entitled to demand payment of the whole amount without further notice to the buyer. In reaching this conclusion, the Court noted that analogous rules are to be found in Arts. 61-62 CISG. The seller was also awarded interest under the relevant contract's provisions, as well as under Art. 78 CISG.
Accordingly, the Court awarded to the seller the requested amount.
Fulltext
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Source
Original in Ukrainian
- available at the Ukrainian Unified State Register of Court Decisions website
http://www.reyestr.court.gov.ua/
English translation
- available at University of Pace website
http://www.cisg.law.pace.edu/}}