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UNCITRAL CLOUT Case 131

Munich District Court I
8 HKO 24667/93 (1995)

Written by Tammy Boggs, JD

Facts

A German party (the German buyer) ordered a computer program from a French party (the French seller). The French seller delivered and installed the program. The parties were also supposed to conclude an agreement regarding licensing terms, but negotiations failed. Thereafter, the German buyer refused to pay the purchase price for the program. The French seller sued the German buyer, alleging that payment was due pursuant to the Convention on Contracts for the International Sale of Goods (CISG).

Rule of Law

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Issue

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Holding and Reasoning ()

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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