"КОНВЕНЦИЯ О ПРАВЕ, ПРИМЕНИМОМ К ДОГОВОРАМ МЕЖДУНАРОДНОЙ КУПЛИ-ПРОДАЖИ ТОВАРОВ" [рус., англ.] (Заключена в г. Гааге 22.12.1986)

s concluded.
(2) A contract of sale concluded between persons who are in different States is formally valid if it satisfies the requirements either of the law which governs it under the Convention or of the law of one of those States.
(3) Where the contract is concluded by an agent, the State in which the agent acts is the relevant State for the purposes of the preceding paragraphs.
(4) An act intended to have legal effect relating to an existing or contemplated contract of sale is formally valid if it satisfies the requirements either of the law which under the Convention governs or would govern the contract, or of the law of the State where the act was done.
(5) The Convention does not apply to the formal validity of a contract of sale where one of the parties to the contract has, at the time of its conclusion, his place of business in a State which has made the reservation provided for in Article 21, paragraph 1, sub-paragraph c).

Section 2

SCOPE OF THE APPLICABLE LAW

Article 12

The law applicable to a contract of sale by virtue of Articles 7, 8 or 9 governs in particular -
a) interpretation of the contract;
b) the rights and obligations of the parties and performance of the contract;
c) the time at which the buyer becomes entitled to the products, fruits and income deriving from the goods;
d) the time from which the buyer bears the risk with respect to the goods;
e) the validity and effect as between the parties of clauses reserving title to the goods;
f) the consequences of non-performance of the contract, including the categories of loss for which compensation may be recovered, but without prejudice to the procedural law of the forum;
g) the various ways of extinguishing obligations, as well as prescription and limitation of actions;
h) the consequences of nullity or invalidity of the contract.

Article 13

In the absence of an express clause to the contrary, the law of the State where inspection of the goods takes place applies to the modalities and procedural requirements for such inspection.

CHAPTER III. GENERAL PROVISIONS

Article 14

(1) If a party has more than one place of business, the relevant place of business is that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract.
(2) If a party does not have a place of business, reference is to be made to his habitual residence.

Article 15

In the Convention "law" means the law in force in a State other than its choice of law rules.

Article 16

In the interpretation of the Convention, regard is to be had to its international character and to the need to promote uniformity in its application.

Article 17

The Convention does not prevent the application of those provisions of the law of the forum that must be applied irrespective of the law that otherwise governs the contract.

Article 18

The application of a law determined by the Convention may be refused only where such application would be manifestly incompatible with public policy (ordre public).

Article 19

For the purpose of identifying the law applicable under the Convention, where a State comprises several territorial units each of which has its own system of law or its own rules of law in respect of contracts for the sale of goods, any reference to the law of that State is to be construed as referring to the law in force in the territorial unit in question.



> 1 2 3 ... 7 8 9 10

	Поделиться:	Tweet