|
|
|
|
|
|
|
|
|
|
|
|
|
United Nations Convention on the Assignment of Receivables in International Trade, 2001
PREAMBLE
CHAPTER I - SCOPE OF APPLICATION
Article 1 - Scope of application
Article 2 - Assignment of receivables
Article 3 - Internationality
Article 4 - Exclusions and other limitations
CHAPTER II - GENERAL PROVISIONS
Article 5 - Definitions and rules of interpretation
Article 6 - Party autonomy
Article 7 - Principles of interpretation
CHAPTER III - EFFECTS OF ASSIGNMENT
Article 8 - Effectiveness of assignments
Article 9 - Contractual limitations on assignments
Article 10 - Transfer of security rights
CHAPTER IV - RIGHTS, OBLIGATIONS AND DEFENCES
Article 11 - Rights and obligations of the assignor and the assignee
Article 12 - Representations of the assignor
Article 13 - Right to notify the debtor
Article 14 - Right to payment
Article 15 - Principle of debtor protection
Article 16 - Notification of the debtor
Article 17 - Debtor's discharge by payment
Article 18 - Defences and rights of set-off of the debtor
Article 19 - Agreement not to raise defences or rights of set-off
Article 20 - Modification of the original contract
Article 21 - Recovery of payments
Article 22 - Law applicable to competing rights
Article 23 - Public policy and mandatory rules
Article 24 - Special rules on proceeds
Article 25 - Subordination
CHAPTER V - AUTONOMOUS CONFLICT-OF-LAWS RULES
Article 26 - Application of chapter V
Article 27 - Form of a contract of assignment
Article 28 - Law applicable to the mutual rights and obligations of the assignor and the assignee
Article 29 - Law applicable to the rights and obligations of the assignee and the debtor
Article 30 - Law applicable to priority
Article 31 - Mandatory rules
Article 32 - Public policy
CHAPTER VI - FINAL PROVISIONS
Article 33 - Depositary
Article 34 - Signature, ratification, acceptance, approval, accession
Article 35 - Application to territorial units
Article 36 - Location in a territorial unit
Article 37 - Applicable law in territorial units
Article 38 - Conflicts with other international agreements
Article 39 - Declaration on application of chapter V
Article 40 - Limitations relating to Governments and other public entities
Article 41 - Other exclusions
Article 42 - Application of the annex
Article 43 - Effect of declaration
Article 44 - Reservations
Article 45 - Entry into force
Article 46 - Denunciation
Article 47 - Revision and amendment
ANNEX TO THE CONVENTION
SECTION I - PRIORITY RULES BASED ON REGISTRATION
Article 1 - Priority among several assignees
Article 2 - Priority between the assignee and the insolvency administrator or creditors of the assignor
SECTION II - REGISTRATION
Article 3 - Establishment of a registration system
Article 4 - Registration
Article 5 - Registry searches
SECTION III - PRIORITY RULES BASED ON THE TIME OF THE CONTRACT OF ASSIGNMENT
Article 6 - Priority among several assignees
Article 7 - Priority between the assignee and the insolvency administrator or creditors of the assignor
Article 8 - Proof of time of contract of assignment
SECTION IV - PRIORITY RULES BASED ON THE TIME OF NOTIFICATION OF ASSIGNMENT
Article 9 - Priority among several assignees
Article 10 - Priority between the assignee and the insolvency administrator or creditors of the assignor
[Post Provisions]
Metadata
SiSU Metadata, document information
Manifest
SiSU Manifest, alternative outputs etc.
United Nations Convention on the Assignment of Receivables in International Trade, 2001
United Nations (UN)
copy @ Lex Mercatoria
1. The debtor may agree with the assignor in a writing signed by the debtor not to raise against the assignee the defences and rights of set-off that it could raise pursuant to article 18. Such an agreement precludes the debtor from raising against the assignee those defences and rights of set-off.
2. The debtor may not waive defences:
(a) Arising from fraudulent acts on the part of the assignee; or
(b) Based on the debtor's incapacity.
3. Such an agreement may be modified only by an agreement in a writing signed by the debtor. The effect of such a modification as against the assignee is determined by article 20, paragraph 2.
|
