копия которого будет препровождена по дипломатическим каналам каждому государству-члену Гаагской конференции по международному частному праву во время проведения ее чрезвычайной сессии в октябре 1985 года, а также каждому государству, которое участвовало в этой сессии.
(Подписи)
CONVENTION
ON THE LAW APPLICABLE TO CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS
(Hague, 22.XII.1986)
The States Parties to the present Convention,
Desiring to unify the choice of law rules relating to contracts for the international sale of goods,
Bearing in mind the United Nations Convention on contracts for the international sale of goods, concluded at Vienna on 11 April 1980,
Have agreed upon the following provisions -
CHAPTER I. SCOPE OF THE CONVENTION
Article 1
This Convention determines the law applicable to contracts of sale of goods -
a) between parties having their places of business in different States;
b) in all other cases involving a choice between the laws of different States, unless such a choice arises solely from a stipulation by the parties as to the applicable law, even if accompanied by a choice of court or arbitration.
Article 2
The Convention does not apply to -
a) sales by way of execution or otherwise by authority of law;
b) sales of stocks, shares, investment securities, negotiable instruments or money; it does, however, apply to the sale of goods based on documents;
c) sales of goods bought for personal, family or household use; it does, however, apply if the seller at the time of the conclusion of the contract neither knew nor ought to have known that the goods were bought for any such use.
Article 3
For the purposes of the Convention, "goods" includes -
a) ships, vessels, boats, hovercraft and aircraft;
b) electricity.
Article 4
(1) Contracts for the supply of goods to be manufactured or produced are to be considered contracts of sale unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.
(2) Contracts in which the preponderant part of the obligations of the party who furnishes goods consists of the supply of labour or other services are not to be considered contracts of sale.
Article 5
The Convention does not determine the law applicable to -
a) the capacity of the parties or the consequences of nullity or invalidity of the contract resulting from the incapacity of a party;
b) the question whether an agent is able to bind a principal, or an organ to bind a company or body corporate or unincorporate;
c) the transfer of ownership; nevertheless, the issues specifically mentioned in Article 12 are governed by the law applicable to the contract under the Convention;
d) the effect of the sale in respect of any person other than the parties;
e) agreements on arbitration or on choice of court, even if such an agreement is embodied in the contract of sale.
Article 6
The law determined under the Convention applies whether or not it is the law of a Contracting State.
CHAPTER II. APPLICABLE LAW
Section 1
DETERMINATION OF THE APPLICABLE LAW
Article 7
(1) A contract of sale is governed by the law chosen by the parties. The parties' agreement on this choice must be express or be clearly demonstrated by the terms of the contract and the conduct of the parties, viewed in
> 1 2 3 ... 5 6 7 8 ... 9 10
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
