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Date: 25.01.2008
Country: Germany
Number: 12 U 39/00
Court: Oberlandesgericht Hamburg
Parties: --
Citation: http://www.unilex.info/case.cfm?id=1352
FORUM SELECTION CLAUSE IN FAVOUR OF FORUM OF A CONTRACTING STATE - CISG APPLICABLE

ASSIGNMENT - MATTER IMPLICITLY EXCLUDED FROM CISG (ART. 4)

INTERPRETATION OF PARTIES’ STATEMENTS ACCORDING TO UNDERSTANDING OF A REASONABLE PERSON OF THE SAME KIND IN THE SAME CIRCUMSTANCES (ART. 8(2) CISG)

REVOCATION OF OFFER - LIMITS (ART. 16 CISG)- APPLICABLE BY ANALOGY TO REVOCATION OF ASSIGNMENT

BUYER'S OBLIGATION TO GIVE SELLER NOTICE OF LACK OF CONFORMITY (ART. 39 CISG)

BUYER’S RIGHT TO AVOID CONTRACT DUE TO SELLER’S FUNDAMENTAL BREACH (ART. 49(1)(A) CISG)

BUYER'S RIGHT TO REDUCE PRICE - NOT AVAILABLE WHEN TIMELY NOTICE IS LACKING (ART. 50 CISG)

RIGHT TO INTEREST (ART. 78) - ALSO IN CASE OF DELAY IN PAYMENT OF CONTRACTUAL PENALTY

INTEREST RATE - TO BE DETERMINED BY RECOURSE TO OTHERWISE APPLICABLE LAW

RESTITUTION (ART. 81 CISG) - EXCLUDED WHEN TIMELY NOTICE IS LACKING (ART. 50 CISG)