Data

Date:: 15-12-1994
Country:: Switzerland
Number:: A 3 1994 85
Court:: Kantonsgericht Zug
Parties:: Unknown

Keywords

BUYER'S OBLIGATIONS (ART. 53 CISG) - PAYMENT OF PRICE

INTEREST - RIGHT TO INTEREST IN CASE OF LATE PAYMENT OF PRICE (ART. 78 CISG)

INTEREST RATE - DETERMINED BY DOMESTIC LAW OTHERWISE APPLICABLE TO THE CONTRACT

DAMAGES - ENTRUSTMENT OF AN AGENT WITH THE POWER TO COLLECT OUTSTANDING DEBTS

Abstract

A German seller and a Swiss buyer concluded a contract for the sale of valves. The buyer failed to pay the price. The seller began an action to recover the unpaid price.

The Court held that the seller was entitled to payment of the price pursuant to Art. 53 CISG.

The Court further held that the seller was entitled to interest on the price (Art. 78 CISG). In the absence of an express provision in CISG, the Court held that the interest rate was to be determined in accordance with the law otherwise applicable to the contract.

Furthermore the Court awarded the seller the amount paid to an agent entrusted with the power to collect the outstanding debts as damages.

Fulltext

[Not yet available]}}

Source

Original in German:
- Unpublished

Source:
- Schweizerische Zeitschrift für Internationales und Europäisches (SZIER), 1/1997, 134}}