Data
- Date:
- 18-12-2019
- Country:
- Belarus
- Number:
- 126-6 / 2019 / 366A / 1407K
- Court:
- Supreme Court of Belarus
- Parties:
- --
Keywords
BUYER'S RIGHT TO TERMINATE THE CONTRACT (ART. 49 CISG) - ONLY IF BREACH BY SELLER IS FUNDAMENTAL (ART. 25 CISG)
Abstract
The case involves a dispute between a Latvian buyer and a Belarus seller regarding the recovery of €3,615.60 for the delivery of allegedly defective lumber. The goods were delivered under Contract No. 2-2018 dated May 11, 2018, which required that all goods meet certain quality standards. The buyer claimed that the dimensions and quantity of the lumber did not match the specifications in the contract and that the quality was poor. The buyer then asked for the termination of the contract due to a fundamental breach by the seller.
The Supreme Court of Belarus upheld the lower Court's decision that had rejected the buyer’s claim. To this effect, the Court found that the buyer failed to prove that the entire shipment was non-compliant. Moreover, The Court noted that the customs declaration and invoice matched concerning the dimensions, volume, and value of the goods. Furthermore, the expert report provided by the buyer did not adequately link the examined lumber to the shipment in question. Hence, the Court concluded that the buyer's notice of contract termination on March 5, 2019, had not rightfully terminated the contract under Art. 49(1)(a) CISG, as there was no fundamental breach by the seller.
Fulltext
}}
Source
Original in Russian:
- available at www.cisg-online.ch}}