|
|
|
|
|
|
|
|
|
|
|
|
|
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 law of the State in which the assignor is located governs the priority of the right of an assignee in the assigned receivable over the right of a competing claimant.
2. The rules of the law of either the forum State or any other State that are mandatory irrespective of the law otherwise applicable may not prevent the application of a provision of the law of the State in which the assignor is located.
3. Notwithstanding paragraph 2 of this article, in an insolvency proceeding commenced in a State other than the State in which the assignor is located, any preferential right that arises, by operation of law, under the law of the forum State and is given priority over the rights of an assignee in insolvency proceedings under the law of that State may be given priority notwithstanding paragraph 1 of this article.
|
