Data
- Date:
- 10-03-2016
- Country:
- Spain
- Number:
- 133/2016
- Court:
- Audencia Provincial - Pontevedra
- Parties:
- --
Keywords
LACK OF CONFORMITY - SELLER PREVENTED FROM RELYING ON UNTIMELY NOTICE IF IT COULD NOT BEEN UNWARE OF THE LACK OF CONFORMITY (ART. 40 CISG)
Abstract
A Croatian buyer bought a certain amount of squids from a Spanish company. When the buyer notified a lack of conformity and requested the refund of the price paid, the seller opposed to the claim, alleging that the notice had not been given in due time.
The Court of first instance found for the buyer. The Appellate court confirmed the first instance judgement.
Both the Spanish Courts found that the squids did not reach the minimal contractual length. This resulted into a lack of conformity so obvious and apparent that the seller could not have been unaware of it.
Accordingly, the Court held that Art.40 CISG, which precludes the seller from relying on a late notice of lack of conformity if such a lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer, applied to the case at hand. Therefore, the Court ordered the seller to proceed with the reimbursement of the price.
Fulltext
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Source
Original in Spanish:
- available at www.cisgspanish.com}}