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RS 0.221.211.4 Convention of 15 June 1955 on the law applicable to international sales of goods

Original Language Title: RS 0.221.211.4 Convention du 15 juin 1955 sur la loi applicable aux ventes à caractère international d’objets mobiliers corporels

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0.221.211.4

Original text

Convention on the Law applicable to International Sales of Tangible Goods

Conclue to The Hague on 15 June 1955

Approved by the Federal Assembly on June 29, 1972 1

Instrument of ratification deposited by Switzerland on 29 August 1972

Entry into force for Switzerland on 27 October 1972

(State 28 February 2006)


The States Parties to this Convention,

Desiring to establish common provisions concerning the law applicable to sales of tangible personal property;

Resolved to conclude a Convention to that effect and agreed on the following provisions:

Art. 1

This Convention shall apply to the international sales of tangible personal objects.

It does not apply to sales of securities, sales of ships and boats or registered aircraft, sales by legal authority or seizure. It applies to sales on documents.

For its application, sales contracts for the supply of tangible goods to be manufactured or produced, where the party requiring delivery must supply the raw materials necessary for the manufacture or production.

The only declaration by the parties, relating to the application of a law or the jurisdiction of a judge or arbitrator, is not sufficient to give the sale the international character within the meaning of paragraph 1 of this article.

Art. 2

The sale is governed by the domestic law of the country designated by the contracting parties.

This designation must be the subject of an express clause, or will undoubtedly be the result of the provisions of the contract.

The terms and conditions, relating to the consent of the parties to the applicable law, are determined by this Act.

Art. 3

In the absence of any law declared applicable by the parties, under the conditions laid down in the foregoing Article, the sale shall be governed by the domestic law of the country in which the seller has his habitual residence at the time he receives the order. If the order is received by an establishment of the seller, the sale is governed by the domestic law of the country in which the establishment is located.

However, the sale is governed by the domestic law of the country where the purchaser has his habitual residence, or in which he owns the establishment that has placed the order, if it is in that country that the order has been received, either by the seller or by its Agent, agent or traveller.

In the case of a stock market or an auction, the sale is governed by the domestic law of the country in which the stock exchange is located or in which the auction is carried out.

Art. 4

Unless expressly stated otherwise, the domestic law of the country in which the examination of goods delivered under the sale is to take place shall be applicable in respect of the form and time limits in which the examination is to take place and Notifications relating to the examination, as well as the measures to be taken in case of refusal of the objects.

Art. 5

This Convention shall not apply to:

1 °
The capacity of the parties;
2 °
The form of the contract;
3 °
The transfer of ownership, provided that the various obligations of the parties, and in particular those relating to risks, are subject to the law applicable to the sale under this Convention;
4 °
The effects of the sale in respect of any person other than the parties.
Art. 6

In each of the Contracting States, the application of the law determined by this Convention may be excluded for reasons of public order.

Art. 7

The Contracting States have agreed to introduce the provisions of Articles 1-6 of this Convention into the national law of their respective countries.

Art. 8

This Convention shall be open for signature by the States represented at the seventh session of the Hague Conference on Private International Law.

It will be ratified and the instruments of ratification will be deposited with the Netherlands Ministry of Foreign Affairs.

Any deposit of instruments of ratification shall be drawn up in the Minutes, a copy of which shall be certified, by diplomatic means, to each of the signatory States.

Art.

This Convention shall enter into force on the sixtieth day from the deposit of the fifth instrument of ratification provided for in Article 8, paragraph 2.

For each signatory State, ratifying subsequently the Convention, it shall enter into force on the sixtieth day from the date of the deposit of its instrument of ratification.

Art. 10

This Convention shall apply as of right to the metropolitan territories of the Contracting States.

If a Contracting State wishes to bring it into force in all other territories, or in such other territories whose international relations are insured by it, it shall notify its intention to that effect by an act which shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall, by diplomatic means, send a certified copy to each of the Contracting States. This Convention shall enter into force for those Territories on the sixtieth day after the date of the filing of the above-mentioned act of notification.

It is understood that the notification, provided for in paragraph 2 of this Article, may have effect only after the entry into force of this Convention by virtue of its Article 9, paragraph 1.

Art. 11

Any State, not represented at the seventh session of the Hague Conference on Private International Law, may accede to this Convention. The State wishing to join shall notify its intention by an act which will be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall, by diplomatic means, send a certified copy to each of the Contracting States. The Convention shall enter into force, for the acceding State, on the sixtieth day after the date of the deposit of the act of accession.

It is understood that the deposit of the act of accession may not take place until after the entry into force of this Convention under Article 9, paragraph 1.

Art. 12 Scope of application on 12 January 2006

This Convention shall be for a period of five years from the date specified in Article 9, paragraph 1, of this Convention. This term will begin on that date, even for those States which have ratified or acceded to it subsequently.

The Convention will be renewed tacitly five years in five years, except denunciation.

The denunciation shall, at least six months before the expiry of the term, be notified to the Ministry of Foreign Affairs of the Netherlands, which shall give notice to all the other Contracting States.

Denunciation may be limited to the territories, or to some of the territories indicated in a notification under Article 10, paragraph 2.

The denunciation shall have effect only in respect of the State which has notified it. The Convention shall remain in force for the other Contracting States.

In witness whereof, The undersigned, duly authorized by their respective Governments, have signed this Convention.

Done at The Hague, on June 15, 1955, in a single copy, which shall be deposited in the archives of the Government of the Netherlands and of which a certified copy shall be furnished, by diplomatic means, to each of the States represented at the seventh session of the Hague Conference on Private International Law.

(Suivent signatures)

Scope of application on 12 January 2006 2

States Parties

Ratification Accession (A)

Entry into force

Denmark

3 July

1964

1 Er September

1964

Finland

3 July

1964

1 Er September

1964

France

July 30

1963

1 Er September

1964

Italy

March 17

1958

1 Er September

1964

Niger

11 October

1971 A

10 December

1971

Norway

3 July

1964

1 Er September

1964

Sweden

July 8

1964

September 6

1964

Switzerland

29 August

1972

27 October

1972


RO 1972 1906; FF 1971 II 1037


1 RO 1972 1905
2 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).


State 11. July 2006