By letter dated 29 October 1991, seller demanded payment for the goods. At the time of the conclusion of the contract the CISG had entered into force in Germany but not in the Netherlands, where ULIS was still applicable. Neither the CISG nor ULIS applies directly. Seller is the party that provided the characteristic performance. Seller has his place of business in Germany.
German law applies.
Germany was a CISG Contracting State in 1991. Forfeiture of rights. To judge buyer's claim of forfeiture of rights, the court must look to German law. The second element is not found by the court. Buyer's claim of forfeiture of rights is dismissed in accordance with German law.