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a) according to Art. 57(2) CISG? b) according to the corresponding provisions of the BGB, ABGB, Codice Civile, and OR? c) In which cases is the place of payment the creditor’s new domicile? d) In all other cases, where is the debtor to make payment? Are there any differences between the various provisions? Q 57-8 What happens if there is not only a change in the seller’s place of business, but a change in the person of the creditor itself: a) How did the court in C 57-2 decide? b) What other possibilities are there, according to A 57-1? Q 57-9 a) How could Art. 57(1) CISG establish a venue of proceeding under Art. 5(1) of the Brussels Convention of 1968 and Art. 5(1) of the Lugano Convention, respectively? b) What are the difficulties arising from that interaction?
DOI link for a) according to Art. 57(2) CISG? b) according to the corresponding provisions of the BGB, ABGB, Codice Civile, and OR? c) In which cases is the place of payment the creditor’s new domicile? d) In all other cases, where is the debtor to make payment? Are there any differences between the various provisions? Q 57-8 What happens if there is not only a change in the seller’s place of business, but a change in the person of the creditor itself: a) How did the court in C 57-2 decide? b) What other possibilities are there, according to A 57-1? Q 57-9 a) How could Art. 57(1) CISG establish a venue of proceeding under Art. 5(1) of the Brussels Convention of 1968 and Art. 5(1) of the Lugano Convention, respectively? b) What are the difficulties arising from that interaction?
a) according to Art. 57(2) CISG? b) according to the corresponding provisions of the BGB, ABGB, Codice Civile, and OR? c) In which cases is the place of payment the creditor’s new domicile? d) In all other cases, where is the debtor to make payment? Are there any differences between the various provisions? Q 57-8 What happens if there is not only a change in the seller’s place of business, but a change in the person of the creditor itself: a) How did the court in C 57-2 decide? b) What other possibilities are there, according to A 57-1? Q 57-9 a) How could Art. 57(1) CISG establish a venue of proceeding under Art. 5(1) of the Brussels Convention of 1968 and Art. 5(1) of the Lugano Convention, respectively? b) What are the difficulties arising from that interaction?
ABSTRACT
Art. 58 CISG defines the moment at which the price becomes due if the parties have made no stipulations to that effect. It determines the time of payment and establishes the principle that time of payment and time of delivery are interdependent. At the same time, it determines the point in time at which interest under Art. 78 CISG starts to accrue.
