- Metropolitan Court of Budapest
DECLARATION UNDER ART. 92 CISG - EXCLUSION OF PART II OF CISG (FORMATION OF CONTRACT) - DOMESTIC LAW APPLICABLE
[Abstract: CLOUT case 143]
The plaintiff, a Swedish company, sued the defendant, a Hungarian company, requesting payment of the price for the goods delivered. The defendant disputed the existence of a valid contract.
The court, noting that the parties had their places of business in different Contracting States of the CISG and that those States had ratified the Convention before the conclusion of the relevant contract between the plaintiff and the defendant, found the CISG to be applicable (Arts. 1(1)(a) and 100(2) CISG). Also noting that Sweden had accepted the convention with a reservation concerning Part II (Formation of contract) (Art. 92(1)CISG), the court applied the provisions of the Hungarian private international law and found that Swedish law was applicable with regard to the formation of the contract.
Under Swedish Act No. 28 of 1915, the contract had to be concluded in writing. The court found that the contract had in fact been concluded in writing, and, applying the CISG in all other respects, dismissed the defense of the defendant as unfounded and ordered the defendant to pay the price.
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Original in Hungarian:
Abstract: CLOUT Case 143, in A/CN.9/SER.C/ABSTRACTS/10, 16 August 1996, reproduced with kind permission of the Secretary, United Nations Publications Board}}