- Supreme Economic Court of the Republic of Belarus
- Belparquet LLC v. STEMAU Srl
BUYER'S OBLIGATIONS - PAYMENT OF PRICE (ART. 53 CISG)
[CLOUT Case no. 498]
The case deals with the application of the CISG in case of failure of fulfilment of the obligation of payment by the buyer.
Belparquet LLC (the seller), a Belarusian company, concluded on 14 and 21 May 2001 two contracts for the sale of parquet with STEMAU Srl (the buyer), an Italian company. The goods were delivered to the buyer. However, the buyer paid only part of the total agreed price of DM 105,753.6. The seller sued the buyer to recover the outstanding sum of 9,006.68 euros. The defendant did not appear in court.
The court noted that the parties did not declare the applicable law in their contracts. Therefore, the court stated that, by virtue of article 8 of the Constitution of Belarus, international treaties are part of the legislation in force in the Republic of Belarus. Therefore, as both Belarus and Italy are party to the CISG, the court declared that the CISG applies to the contract.
The court also stated that, according to article 53 CISG, the buyer has an obligation to pay the price of the goods. Since the buyer had failed to pay in full the price of the goods, the court entered a judgement against the buyer for the full amount of 9,006.68 Euros requested by the seller.
Not yet available}}