Article 56. Net Weight

• Text of Article 56
• Outline of issues
• Descriptors
• Coded case annotations
  -  Guide to case codes
• UNCITRAL case digest

TEXT OF ARTICLE 56

If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight.

OUTLINE OF ISSUES

Reproduced with permission of UNCITRAL

56A Price based on weight, in case of doubt:

CASE ANNOTATIONS: UNCITRAL DIGEST CASES PLUS ADDED CASES

UNCITRAL does not report any case law applications of Art. 56.
 

The following cases contain mentions of Art. 56.
 

United States 10 April 2001 U.S. Federal Bankruptcy Court [Ohio] (Victoria Alloys v. Fortis Bank)
 

Russia 23 September 1999 Cassational Board of Supreme Court of Russian Federation (Case KAC 99-253) [translation available]
 

Russia 3 December 1998 Supreme Court of Russian Federation [translation available]
 

Argentina 20 May 1991 Juzgado Nacional de Primera Instancia en lo Comercial [National Commercial Court of First Instance] [translation available]

UNCITRAL CASE DIGEST

A/CN.9/SER.C/DIGEST/CISG/56 [8 June 2004]. Reproduced with the permission of UNCITRAL.

1. According to this provision if the price is fixed according to the weight of the goods, it is the weight remaining after deduction of the weight of the packaging which, in case of doubt, governs the price. This is a rule of interpretation which is applied in the absence of contractual stipulations, usage or practices established between the parties.

2. Court decisions referring to article 56 have been extremely rare.[1]

FOOTNOTE

[Citations to cisgw3 case presentations have been substituted [in brackets] for the case citations provided in the UNCITRAL Digest. This substitution has been made to facilitate online access to CLOUT abstracts, original texts of court and arbitral decisions, and full text English translations of these texts (available in most but not all cases). For citations UNCITRAL had used, go to <http://www.uncitral.org/english/clout/digest_cisg_e.htm>.]

1. See [UNITED STATES Victoria Alloys, Inc. v. Fortis Bank SA/NV Federal Bankruptcy Court [Ohio] 10 April 2001 available online at <http://cisgw3.law.pace.edu/cases/010410u1.html>].