Data
- Date:
- 17-04-2003
- Country:
- Belarus
- Number:
- No. 52-11
- Court:
- Economic Court of the Vitebsk Region
- Parties:
- Marko SOOO v. R. V. Saitadze
Keywords
BUYER'S OBLIGATIONS - PAYMENT OF PRICE (ART. 53 CISG)
Abstract
[CLOUT Case no. 497]
The case deals with the application of the CISG in case of failure of fulfilment of the obligation of payment by the buyer.
Marko SOOO (the seller), a Belarusian company, concluded on 7 February 2002 a contract for the sale of footwear with R. V. Saitadze (the buyer), an individual entrepreneur domiciled in Russia. The goods were delivered to the buyer. However, the buyer did not pay the agreed price of roubles 618,104.5. The seller sued the buyer to recover the outstanding sum. The defendant did not appear in court.
The court noted that the contract contained the choice of the Vitebsk forum and of Belarus law, and that therefore, as both Belarus and the Russian Federation are party to the CISG, the CISG applies to the contract.
The court also stated that, according to article 53 CISG, the buyer has an obligation to pay the price of the goods. Since the buyer had failed to make the payment within the term specified in the contract, the court entered a judgement against the buyer for the full amount of roubles 618,104.5 requested by the seller.
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