Data
- Date:
- 11-07-2007
- Country:
- Croatia
- Number:
- Pž-7365/04-3
- Court:
- High Commercial Court
- Parties:
- Morel Trade v. Kuna Corporation d.o.o.
Keywords
NON-CONFORMITY OF GOODS - BUYER’S OBLIGATION TO GIVE NOTICE WITHIN REASONABLE TIME (ART. 39(1) CISG)
Abstract
[CLOUT Case no. 914; abstract prepared by Davor Babic]
An Italian seller commenced an action in the Commercial Court of Zagreb against a
Croatian buyer for the payment of price for the goods delivered. The Zagreb court
ruled in favour of the seller. The High Commercial Court affirmed the decision of
the Zagreb court although it noted that the court should have applied the CISG and
not the Croatian Obligations Act. The court cited article 38 (1) CISG which provides
for the duty of the buyer to examine the goods as soon as practicable and
article 39 (1) CISG which provides that the buyer loses the right to rely on a lack of
conformity if he does not notify it to the seller within a reasonable time. The court
found that, even if the goods were not conforming to the contract as the buyer
claimed during the proceedings, the buyer failed to timely notify the seller of the
lack of conformity in accordance with the those provisions of the CISG and
therefore the buyer was liable for the payment of price.
Fulltext
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Source
Original in Croatian:
- available at www.vsrh.hr}}