INTERPRETIVE DECISIONS APPLYING CISG: JOURNAL OF LAW & COMMERCE CASE I: Oberlandesgericht, Frankfurt am Main, January 18, 1994, 5 U 15/93 Skip over navigation
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Copyright (c) 1995 University of Pittsburgh
The Journal of Law and Commerce

INTERPRETIVE DECISIONS APPLYING CISG: JOURNAL OF LAW & COMMERCE CASE I: Oberlandesgericht, Frankfurt am Main, January 18, 1994, 5 U 15/93

1995

14 J.L. & Com. 201

Excerpt

INTERPRETIVE DECISIONS APPLYING CISG

Journal of Law & Commerce Headnote:


Subjects:
CISG 1 Article 49. Lack of conformity of goods and right to avoid the contract, CISG Article 78. Amount of interest.


INTRODUCTION AND SUMMARY OF FACTS


This case, decided by the Oberlandesgericht 2 Frankfurt a.M. in January 1994, relates to a common set of facts that raises basic problems of international sales law.

In January 1991 the plaintiff, whose place of business was in Italy, contracted to sell women's shoes to the defendant, located in Germany. The plaintiff delivered the shoes to the defendant and issued invoices for the purchase price. The defendant paid only a portion of the price.

The plaintiff sued for the balance of the purchase price and interest on that sum in German currency pursuant to the sales contract. Alternatively, the plaintiff asserted the claim in Italian currency.


The defendant denied any further obligation for the price by asserting that the contract was avoided. The defendant maintained a right to avoid for (a) late delivery; and (b) non-conformity of the goods.

The court dismissed the principal claim but granted the plaintiff the motion for alternative relief.


TRANSLATED TEXT 3


Headnotes


1. Under CISG, avoidance of a contract because of non-conformity [i.e. defectiveness of the goods] is available only if there is a fundamental breach of contract (CISG, Article 49(1)(a)).

2. Deviating from domestic German sales law, the Convention implies a duty on the part of the buyer to accept goods that ...
 
 
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