Convention On The Law Applicable To International Sale Of Goods - The Hague, 1955
Hague Conference on Private International Law
Copyright (C) 1955 Hague Conference on Private International Law
applicable law, international sales, sale of goods
SiSU http://www.jus.uio.no/sisu (this copy)
1955
hcpil.applicable.law.sog.convention.1955.sst
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Convention on the Law Applicable to International Sale of Goods, The
Hague 1955
2
Article 1
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This Convention shall apply to international sales of goods.
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It shall not apply to sales of securities, to sales of ships and of
registered boats or aircraft, or to sales upon judicial order or by way
of execution. It shall apply to sales based on documents.
5
For the purposes of this Convention, contracts to deliver goods to be
manufactured or produced shall be placed on the same footing as sales
provided the party who assumes delivery is to furnish the necessary raw
materials for their manufacture or production.
6
The mere declaration of the parties, relative to the application of a
law or the competence of a judge or arbitrator, shall not be sufficient
to confer upon a sale the international character provided for in the
first paragraph of this Article.
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Article 2
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A sale shall be governed by the domestic law of the country designated
by the Contracting Parties.
9
Such designation must be contained in an express clause, or
unambiguously result from the provisions of the contract.
10
Conditions affecting the consent of the parties to the law declared
applicable shall be determined by such law.
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Article 3
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In default of a law declared applicable by the parties under the
conditions provided in the preceding Article, a sale shall be governed
by the domestic law of the country in which the vendor has his habitual
residence at the time when he receives the order. If the order is
received by an establishment of the vendor, the sale shall be governed
by the domestic law of the country in which the establishment is
situated.
13
Nevertheless, a sale shall be governed by the domestic law of the
country in which the purchaser has his habitual residence, or in which
he has the establishment that has given the order, if the order has
been received in such country, whether by the vendor or by his
representative, agent or commercial traveller.
14
In case of a sale at an exchange or at a public auction, the sale shall
be governed by the domestic law of the country in which the exchange is
situated or the auction takes place.
15
Article 4
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In the absence of an express clause to the contrary, the domestic law
of the country in which inspection of goods delivered pursuant to a
sale is to take place shall apply in respect of the form in which and
the periods within which the inspection must take place, the
notifications concerning the inspection and the measures to be taken in
case of refusal of the goods.
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Article 5
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This Convention shall not apply to:
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1. The capacity of the parties;
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2. The form of the contract;
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3. The transfer of ownership, provided that the various obligations of
the parties, and especially those relating to risks, shall be subject
to the law applicable to the sale pursuant to this Convention;
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4. The effects of the sale as regards all persons other than the
parties.
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Article 6
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In each of the Contracting States, the application of the law
determined by this convention may be excluded on a ground of public
policy.
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Article 7
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The contracting States have agreed to incorporate the provisions of
Articles 1-6 of this Convention in the national law of their respective
countries.
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Articles 8 - 12 [Omitted]
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[Omitted]