Case 1040: CISG [14.1; 15.1; 18.1; 23; 24; 25; 30;] 39.1; [78]
Spain: Cuenca Provincial High Court
Reporting judge: Mariano Munoz Hernandez

Previously heard by Cuenca Court of First Instance No. 3, 24 September 2004
31 January 2005

Summary: www.uc3m.es/cisg/respan47.htm
Complete text: www.uc3m.es/cisg/sespan47.htm

Abstract prepared by Maria del Pilar Perales Viscasillas, National Correspondent

The case concerned the sale of live calves. The seller had delivered calves that were
not of the agreed breeds and, moreover, were in extremely poor health, showing
symptoms of dehydration and malnutrition, as a result of which 25 died. The seller
had claimed payment of the price plus interest for late payment. The Provincial
High Court, hearing the appeal, considered that there had not been a fundamental
but only a partial breach. It also endorsed the interpretation of the Court of First
Instance with regard to the time limit referred to article 39.1 of CISG, which it
considered reasonable and fixed at 20 to 25 days. As for the question of determining
the interest for late payment, the Court held that it had been determined as a result
of the judgement, in application of the principle in illiquidis non fit mora.


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