聯(lián)合國(guó)國(guó)際貨物買賣合同公約中英文對(duì)照(最新整理-展示頁(yè)
2025-05-26 03:41本頁(yè)面
【正文】 ntion, it is not concerned with:本公約只適用于銷售合同的訂立和賣方和買方因此種合同而產(chǎn)生的權(quán)利和義務(wù)。 合同的效力，或其任何條款的效力，或任何慣例的效力 (b) the effect which the contract may have on the property in the goods sold. 合同對(duì)所售貨物所有權(quán)可能產(chǎn)生的影響 Article 5 This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person. 本公約不適用于賣方對(duì)于貨物對(duì)任何人所造成的死亡或傷害的責(zé)任 Article 6 The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions. 雙方當(dāng)事人可以不適用本公約，或在第十二條的條件下，減損本公約的任何規(guī)定或改變其效力 Chapter II GENERAL PROVISIONS 總則 Article 7 (1) In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade. 在解釋本公約時(shí)，應(yīng)考慮到本公約的國(guó)際性質(zhì)和促進(jìn)其適用的統(tǒng)一以及在國(guó)際貿(mào)易上遵守誠(chéng)信的需要 (2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law. 凡本公約未明確解決的屬于本公約范圍的問(wèn)題，應(yīng) 按照本公約所依據(jù)的一般原則來(lái)解決，在沒(méi)有一般原則的情況下，則應(yīng)按照國(guó)際私法規(guī)定適用的法律來(lái)解決 Article 8 (1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was. 為本公約的目的，一方當(dāng)事人所作的聲明和其它行為，應(yīng)依照他的意旨解釋，如果另一方當(dāng)事人已知道或者不可能不知道此一意旨 (2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances. 如果上一款的規(guī)定不適用，當(dāng)事人所作的聲明和其它行為，應(yīng)按照一個(gè)與另一方當(dāng)事人同等資格、通情達(dá)理的人處于相同情況中，應(yīng)有的理解來(lái)解釋 (3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties. 在確定一方當(dāng)事人的意旨或一個(gè)通情達(dá)理的人應(yīng)有的理解時(shí)，應(yīng)適當(dāng)?shù)乜紤]到與事實(shí)有關(guān)的一切情況，包 括談判情形、當(dāng)事人之間確立的任何習(xí)慣作法、慣例和當(dāng)事人其后的任何行為 Article 9 (1) The parties are bound by any usage to which they have agreed and by any practices which they have established between themselves. 雙方當(dāng)事人業(yè)已同意的任何慣例和他們之間確立的任何習(xí)慣做法，對(duì)雙方當(dāng)事人均有約束力 (2) The parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned. 除非另有協(xié)議，雙方當(dāng)事人應(yīng)視為已默示地同意對(duì)他們的合同或合同的訂立適用雙方當(dāng)事人已知道或理應(yīng)知道的慣例，而這種慣例，在國(guó)際貿(mào)易上，已為有關(guān)特定貿(mào)易所涉同類合同的當(dāng)事人所廣泛知道并為他們所經(jīng)常遵守 Article 10 For the purposes of this Convention: 為本公約的目的 (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract。銷售合同可以用包括人證在內(nèi)的任何方法證明 Article 12 Any provision of article 11, article 29 or Part II of this Convention that allows a contract of sale or
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