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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
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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. An assignment of a receivable is effective notwithstanding any agreement between the initial or any subsequent assignor and the debtor or any subsequent assignee limiting in any way the assignor's right to assign its receivables.
2. Nothing in this article affects any obligation or liability of the assignor for breach of such an agreement, but the other party to such agreement may not avoid the original contract or the assignment contract on the sole ground of that breach. A person who is not party to such an agreement is not liable on the sole ground that it had knowledge of the agreement.
3. This article applies only to assignments of receivables:
(a) Arising from an original contract that is a contract for the supply or lease of goods or services other than financial services, a construction contract or a contract for the sale or lease of real property;
(b) Arising from an original contract for the sale, lease or licence of industrial or other intellectual property or of proprietary information;
(c) Representing the payment obligation for a credit card transaction; or
(d) Owed to the assignor upon net settlement of payments due pursuant to a netting agreement involving more than two parties.
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