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聯(lián)合國(guó)國(guó)際貨物銷售合同公約中英對(duì)照(已改無(wú)錯(cuò)字)

2023-06-26 03:46:47 本頁(yè)面
  

【正文】 對(duì)第一條第(1)款(a)項(xiàng)所指締約國(guó)或第一條第 ?。ǎ保┛睿ǎ猓╉?xiàng)所指締約國(guó)生效之日或其后訂立的合同?! 〉谝话倭阋粭l ?。ǎ保┚喖s國(guó)可以用書面正式通知保管人聲明退出本公約,或本公約第二部分或  第三部分?! 。ǎ玻┩顺鲇诒9苋耸盏酵ㄖ保矀€(gè)月后的第1個(gè)月第1天起生效。凡通知內(nèi)訂  明一段退出生效的更長(zhǎng)時(shí)間,則退出于保管人收到通知后該段更長(zhǎng)時(shí)間滿時(shí)起生效。 ?。保梗福澳辏丛拢保比沼営诰S也納,正本1份,其阿拉伯文本、中文本、英文本、  法文本、俄文本和西班牙文本都具有同等效力。  下列全權(quán)代表,經(jīng)各自政府正式授權(quán),在本公約上簽字,以資證明?! 。?本公約于1988年1月1日生效?! 。保梗福蹦辏乖拢常叭罩腥A人民共和國(guó)政府代表簽署本公約,1986年12月 ?。保比战淮婧藴?zhǔn)書。核準(zhǔn)書中載明,中國(guó)不受公約第一條第(1)款(D)、第十一條及與第十一條內(nèi)容有關(guān)的規(guī)定的約束。UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG]For . citation purposes, the UNcertified English text is published in 52 Federal Register 6262, 62646280 (March 2, 1987)。 United States Code Annotated, Title 15, Appendix (Supp. 1987). THE STATES PARTIES TO THIS CONVENTION, BEARING IN MIND the broad objectives in the resolutions adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order, CONSIDERING that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States, BEING OF THE OPINION that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade, HAVE AGREED as follows: PART ISPHERE OF APPLICATION AND GENERAL PROVISIONSChapter ISPHERE OF APPLICATIONArticle 1(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States。 or (b) when the rules of private international law lead to the application of the law of a Contracting State. (2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract. (3) Neither the nationality of the parties nor the civil or mercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention. Article 2This Convention does not apply to sales: (a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use。 (b) by auction。 (c) on execution or otherwise by authority of law。 (d) of stocks, shares, investment securities, negotiable instruments or money。 (e) of ships, vessels, hovercraft or aircraft。 (f) of electricity. Article 3(1) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production. (2) This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labour or other services. Article 4This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with: (a) the validity of the contract or of any of its provisions or of any usage。 (b) the effect which the contract may have on the property in the goods sold. Article 5This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person. Article 6The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions. Chapter IIGENERAL PROVISIONSArticle 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. (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. 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. (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. (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. 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. (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. Article 10For the purposes of this Convention: (a) if a party has more than one place of business, the place of business is that wh
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