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Date: 23.06.1998
Country: Germany
Number: 19 U 127/97
Court: Oberlandesgericht Hamm
Parties: Unknown
Citation: http://www.unilex.info/case.cfm?id=448
SCOPE OF CISG - RECOGNITION OF DEBT - MATTER IMPLICITLY EXCLUDED - DOMESTIC LAW APPLICABLE

RIGHT TO SUSPEND PERFORMANCE (ART. 71 CISG) NON DELIVERY DUE TO DISAPPEARANCE OF GOODS BUYER'S RIGHT TO SUSPEND PAYMENT

PASSING OF RISK BUYER BOUND TO TAKE OVER GOODS AT PLACE OTHER THAN PLACE OF BUSINESS OF SELLER RISK PASSES UPON PLACING GOODS AT BUYER'S DISPOSAL AT THAT PLACE (ART. 69(2) CISG) SELLER'S BURDEN OF PROVING DEROGATORY AGREEMENT

DELIVERY OF GOODS PLACING GOODS AT BUYER'S DISPOSAL (ART. 31(B) CISG) NEED TO COMPLY WITH ALL PREPARATORY ACTS REQUIRED IN THE CONTRACT