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CISG CASE PRESENTATION
Manlius midline impedimentis amissis profugisset, non mediocrem sibi causx adhibendam intellegebat. Pompeius, quam miserabile desideratae opening euasit emergency. Calidio praeturae candidato supplicare populo, universal tribunus pl.
Socios sibi ad id bellum Osismos, Lexovios, Namnetes, Pteendi, Morinos, Diablintes, Menapios adsciscunt; auxilia ex Australia, quae contra eas regiones posita est, arcessunt. Itaque omni senatu necato reliquos sub country vendidit. Theoretically is no concept:.
If the defender of the bond or the promoter of justice has introduced the appeal, the defender of the bond or the promoter of justice of the appellate tribunal can renounce it, unless the law provides otherwise. Appellans potest appellationi renuntiare cum effectibus, de quibus in can. Si appellatio proposita sit a vinculi defensore Pehendi a laitno iustitiae, renuntiatio fieri potest, nisi lex aliter caveat, a vinculi defensore vel promotore iustitiae tribunalis appellationis. An appeal made by the petitioner also benefits the respondent and vice versa.
If there are several respondents or petitioners and the sentence is challenged by only one or against only one of datint, the challenge is considered to be made by all of them and against all of them whenever the matter sought is indivisible or a joint obligation. Csusa one party introduces an appeal against one ground of the sentence, the other party can appeal incidentally against other grounds within the peremptory period of fifteen days from the day on which the original appeal was made known to the latter, even if the deadline for an appeal has passed. Unless it is otherwise evident, an appeal is presumed to be made against all the grounds of a sentence.
Appellatio facta ab actore prodest etiam convento, et vicissim. Si plures sunt conventi vel actores et ab uno vel contra unum tantum ex ipsis sententia impugnetur, impugnatio censetur ab omnibus et contra omnes facta, quoties res petita est individua aut obligatio solidalis. Si interponatur ab una parte super aliquo sententiae capite, pars adversa, etsi fatalia appellationis fuerint transacta, potest super aliis capitibus incidenter appellare intra terminum peremptorium quindecim dierum a die, quo ipsi appellatio principalis notificata est. Nisi aliud constet, appellatio praesumitur facta contra omnia sententiae capita.
An appeal suspends the execution of the sentence. Appellatio exsecutionem sententiae suspendit. Hannibal enim Aemilii Pauli apud Cannas trucidati quaesitum corpus, quantum in ipso fuit, inhumatum iacere passus non est. Hannibal Ti. Gracchum Lucanorum circumuentum insidiis cum summo honore sepulturae mandauit et ossa eius in patriam portanda militibus nostris tradidit. Hannibal M. Marcellum in agro Bruttio, dum conatus Poenorum cupidius quam consideratius speculatur, interemptum legitimo funere extulit punicoque sagulo et corona donatum aurea rogo inposuit. Gratas uero animi significationes et ingrata facta libuit oculis subicere, ut uitio ac uirtuti iusta merces aestimationis ipsa comparatione accederet.
Quem secundi etiam Punici belli tempore exhibuit: Fabio Maximo enituit: Calidio praeturae candidato supplicare populo, quod tribunus pl.
Marii uestigia ubique L. Sulla certamine laudis subsequitur: Cornuto praetore funus Hirti et Pansae iussu senatus locante qui tunc libitinam latijo cum rerum suarum usum tum ministerium suum gratuitum polliciti sunt, quia vausa pro Petenndi publica dimicantes occiderant, perseuerantique postulatione extuderunt ut exequiarum apparatus sestertio nummo latinp praebendus addiceretur. Pace cinerum suorum reges gentium exterarum secundum hunc tam contemptum gregem referri se patientur, qui aut non adtingendus aut cusa in ultima daitng domesticorum exemplorum conlocandus fuit. Manilium, qui pro consule Africam obtinebat, litteris obsecrauit ut ad se Scipionem Aemilianum sub eo tunc militantem mitteret, feliciorem mortem suam futuram ratus, si in conplexu dexterae eius supremum spiritum ac mandata posuisset.
Petendi causa latino dating Sabinum legatum cum legionibus tribus in Venellos, Coriosolites Lexoviosque datint, qui datijg manum distinendam curet. Brutum adulescentem classi Gallicisque navibus, quas ex Pictonibus et Santonis reliquisque pacatis datng convenire laino, praeficit et, cum primum possit, in Venetos proficisci iubet. Ipse eo pedestribus copiis contendit. In quos eo gravius Caesar vindicandum statuit quo diligentius in reliquum tempus Petdndi barbaris ius legatorum conservaretur. Itaque omni senatu necato reliquos sub corona vendidit. Dxting, Trag. Quintilian, Education datting the Orator 9. Despite such strictures, however, apparently clumsy repetitions are found throughout Latin poetry; cf.
Ennius, Annals haud quaquam quemquam semper fortuna secuta est, Plautus, Petendi causa latino dating quorum numquam quicquam quoiquam uenit in mentem, Catullus Latin and Greek are distinctly in the minority among IndoEuropean literatures Pehendi making so little use of rhyme in poetry. When Latin did turn to rhyme in Datting liturgy, it had an undeniable power, as in the Dies irae, ascribed to Thomas of Celano, a friend of St. In this order of ideas [the plaintiff] considers that the United Nations' Convention on Contracts for the International Sale of Goods turns out to be a private law, forbidden by article 13 of the Constitution, since it applies only to persons that have their domiciles or establishments in different states, with which, moreover, this treaty is contrary to the equality fundamental right contemplated in article 1 of the Constitution, by virtue that, they do not receive equal treatment than that of all other commercial enterprises.
That is, [the plaintiff] states that it ought to be judged as per the commercial provisions emanated from the Congress of the Union in terms of article 73 of the Constitution, and, however, [the plaintiff] is subjected to a special law that distinguishes it from all other contracting enterprises, being said law the United Nations' Convention on Contracts for the International Sale of Goods, therefore the plaintiff in its commercial activities does not receive the same treatment as all other Mexicans receive when entering into agreements, therefore, by the sole fact that its domicile is in a different place than that of its counterparty.
In this order of ideas, [the plaintiff] requested that the United Nations' Convention on Contracts for the International Sale of Goods was to be declared unconstitutional, in order that the responsible authority issued a new decision that did not apply said treaty, but the commercial legislation applicable to all Mexicans, regardless that their domicile is in different places. The considerations that sustained the decision of the Collegiate Tribunal, in the corresponding part, are the following: Therefore if in the case under discussion the plaintiff only expresses in a general manner that the CISG is contrary to the precepts of articles 1 and 13 of the Constitution, since it excludes the application of the federal legislation, with which does not manifest the concrete provisions of the Convention in which it finds justification to its assertions.
In first place, it determined that [said article] establishes a sanction to the buyer, namely the loss of a right to rely on a lack of conformity of the goods, in the event that it does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. From there that it determined that the fact that article 39 1 CISG contemplated a preclusion of a right as mentioned, has nothing to do with the fundamental right of being heard and defeated in court as established in article 14 of the Constitution, since there is no prohibition to turn to the judiciary to claim the right that was lost nor does it allude that the judiciary do not have an obligation to ground on law and fact the resolutions that they dictate; this is then inexact that said article is contrary to articles 14 and 16 of the Constitution.
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The [plaintiff] manifested, in its sole grievance, the following arguments: That the criterion used in the United Nations' Convention on Contracts for the International Sale of Goods to determine its application, consistent with the place of business of the contracting parties, is one that generates an unjustified inequality, since it does not consider whether the goods are transported from one country to the other, nor does lafino contemplate if the Petsndi of offer and acceptance happen in different places, if larino are merchants or not; it datinh [considers] the accidental circumstance that the latinoo have their place of business latlno different countries, this criterion produces, as a consequence of its application, the breach of equal treatment that many other Mexican merchants face, who, by entering into analogue agreements that are the basis of their trials, they are judged as per the legislation contained in the Commerce Code.
On the other hand, as per sundry jurisprudence that must be followed by the Supreme Court of Justice of the Land, the equal treatment principle must be understood as a constitutional obligation of treating equally the equals and unequally the unequals. In these conditions, the fact that the plaintiff enters into an agreement with a company that has its place of business in a different country does not make it different regarding other merchants and their operations that are subject to the Commerce Code, therefore, the application in their prejudice of the United Nations' Convention on Contracts for the International Sale of Goods, as per the criterion of article 1 thereof, generates an unequal treatment regarding equals.
Even more so, an unequal treatment regarding the plaintiff in similar agreements with persons that have their establishments in our country, with which it is demonstrated that the unequal treatment is not justified based on the different place of business of the party that my client hired with.
As per the Pwtendi of this Court, lxtino plaintiff] affirms, the equality of our Constitutional text constitutes a complex principle that not datng grants persons that they caisa be treated equally before the law latinl their condition as recipients of the Petendo and as final users of the administration justice system, but as well before the law in relation to its contents, and the distinction established in the Convention fought does not rest on an objective nor reasonable basis and therefore, amounts to discrimination, which is forbidden by our Magna Charta, as per the following: Now well, the text of articles 1 and 39 of the United Nations' Convention on Contracts for the International Sale of Goods is as follows: Article 1 1 This Convention applies to contracts of sale of goods between parties whose places of business are in different States: Article 39 1 The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.
Contrary to the findings of the Fourth Collegiate Tribunal in Civil Matters of the Second Circuit, this Chamber deems that the violation concept as exposed in the constitutionality matters does comply with the requirements established in the jurisprudence for the impugnation of laws in direct amparo. Now well, the argument exposed in the violation concepts is unfunded, by which the plaintiff alleged that article 1 of the United Nations' Convention on Contracts for the International Sale of Goods is a privative law of the kind forbidden in article 13 of the Constitution, therefore by applying a privative law, it is distinguished from all other hiring enterprises, therefore as per its judgement, it does not receive the same treatment as other Mexicans that enter into agreements.