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Date: 23.06.1998 Country: Germany Number: 19 U 127/97 Court: Oberlandesgericht Hamm Parties: Unknown

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