ERDEM-NEWSLETTER-2018-metin

241 LAW OF OBLIGATIONS Economic Value Criteria Pursuant to the CISG Advisory Committee, the main feature to be considered while interpreting the preponderant part of mixed con- tracts, is the economic value of each obligation under the contract 15 . Thus, the ratio of the price of each obligation to the total contract price must be compared. Local courts often calculate the percentage of the prices of each obligation in order to determine the effect of each obligation to the contract price. If the price determined for the sales of goods is below 50 % of the total contract price, then it would be deemed that the preponderant part of that contract is not sales 16 . However, even if the consideration agreed upon for the sales price is lower than 50% of the contract price; the contract may still be deemed as a contract of sale under the CISG, if the price determined for the sales is higher than the prices determined for the other obliga- tions under the same contract. The Zurich Commercial Court quali- fied a contract as a contract of sale where the seller is obliged to sell computer applications to the buyer, upload these applications to the buyer’s computer, and train the buyer in how to use these applications, since the consideration of the sales establishes 45 % of the contractual price, where the price determined to train the buyer constitutes 20 % of the contract price, and uploading the applications costs 35 % of the contract price 17 . Further, during its evaluation as to whether or not the CISG is applicable to the relevant case, a local court qualified a contract as a contract of sale for the reason that the delivery and installment prices were not separately invoiced to the buyer, but the consideration for these services were included under the sales price, and that fact shows the parties intended to determine the sales to be the main obligation 18 . 15 Article 3 CISG. 16 2012 UNCITRAL Digest of Case Law on the United Nations Convention on the International Sale of Goods, Digest of Article 3 Case Law, http://www.cisg.law. pace.edu/cisg/text/digest-2012-03.html, ; Schroeter, http://www.cisg.law.pace. edu/cisg/biblio/schroeter1.html, (Access date: 19.12.2018). 17 Handelsgericht Zürich, 17.02.2000, HG980472, http://cisgw3.law.pace.edu/ cases/000217s1.html, (Access date: 28.12.2018). 18 CISG Advisory Council Opinion No.4: Contracts for the Sale of Goods to be