![]() ![]() In applying Article 1(1)(a), it is irrelevant whether the forum State has made an Article 95 declaration or whether one (or both) parties to the sales contract have their place of business in a State which has made an Article 95 declaration.ģ. A declaration under Article 95 is without any effect for the Convention’s applicability in accordance with Article 1(1)(a). ![]() However, it does not prevent the courts of such a State from applying the Convention when their rules of private international law lead to the application of the law of a Contracting State.Ģ. A declaration under Article 95 excludes the declaring Contracting State’s obligation under public international law to apply the Convention in accordance with Article 1(1)(b). (b) when the rules of private international law lead to the application of the law of a Contracting State.Īny State may declare at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by subparagraph (1) (b) of article 1 of this Convention.ġ. (1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (3) Universal effect in all Contracting Statesīb) No determination of rules governing formal validity (no ‘positive’ effect of the reservation)Ĭc) Identification of the law governing formal validity via rules of private international law in CISG casesĭd) Form requirements for sales contracts and party autonomy (Article 12 sentence 2 CISG) Aa) Effect in courts of Contracting States that have made an Article 95 declarationīb) Effect in courts of Contracting States that have not made an Article 95 declarationĬc) Effect in courts of Non-Contracting StatesĪa) Prerequisites for reservations under Article 96 CISGĪa) Exclusion of Contracting States’ obligation to apply the Convention’s freedom of orm provisions (the reservation’s ‘negative’ effect) ![]()
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