Case number: 191
Article number: sales convention / 66; 67
Thessaurs issue:
Country of decision: Argentina
Year of decision: 1995
Type of decision: Judicial decision




Case 191: CISG 66; 67

Argentina: Cámara Nacional de Apelaciones en lo Comercial, Sala C
31 October 1995
Bedial, S.A., v. Paul Müggenburg and Co. GmbH
Original in Spanish
Published in Spanish in El Derecho 4 [21 October 1996]
Commented on in Spanish by Iud in El Derecho 1 [21 October 1996]
Commented on in French by Rosch in Recueil Dalloz, 27e Cahier, Sommaires commentés 225 [1997]
An Argentinean buyer and a German seller concluded a contract, containing a C & F clause, for the sale of dried mushrooms to be shipped to the buyer. In the course of their transport to Buenos Aires, the goods deteriorated. The buyer sued the seller claiming lack of conformity of the goods.





In accordance with article 67 CISG, the court held that the risk passed to the buyer when the goods were handed over to the first carrier for transmission to the buyer in keeping with the contract of sale. In addition, the court held that the C & F clause obliged the seller to hand over the goods to the carrier and to pay the freight. However, a C & F clause does not affect the passing of the risk. Further, it should be noted that the buyer, pursuant to the C & F clause in the contract of sale, had taken out an insurance policy for transportation risks.





In accordance with article 66, the court held that the buyer, after the passing of the risk, was not discharged from its obligation to pay the purchase price, even in the event of loss or damage to the goods, unless the loss or damage was due to an act or omission of the seller. In this case, the damage to the goods occurred after the passing of the risk to the buyer, who did not adduce that it was owing to an act or omission of the seller. Accordingly, the court dismissed the action.