Examples of using Draft convention applied in English and their translations into Russian
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Official
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Colloquial
To avoid that outcome, her delegation wished to see the draft convention applied solely to maritime transport contracts.
However, the Working Group had ultimately lowered its ambitions, merely seeking functional equivalence for electronic communications in the areas to which the draft convention applied.
Mr. Moulopo(Observer for the Congo)said that since the draft convention applied only to regular liner transport, he supported the proposal by the representative of Benin.
One view was that the text of paragraph(4) needed to be redrafted to make it clear that the draft Convention applied to such undertakings.
Since the draft convention applied to both multimodel and port-to-port shipment, the text referred to"initial loading" and"final unloading", which in the case of port-to-port shipment automatically meant on and from the ship.
It was stated that such an approach would create uncertainty as to which provisions of the draft convention applied in any given jurisdiction.
In addition, it was stated, that, unless the draft Convention applied even if one debtor was located in a country other than the assignor's country, it would be difficult to find an acceptable criterion to limit the application of the draft Convention. .
It was pointed out that, under such a principle,the debtor receiving a notification from the last assignee would have no way of knowing that the draft Convention applied to its rights and obligations.
It was pointed out that it was potentially misleading to state that the draft convention“applied to contracts” since its provisions only dealt with certain issues related to the use of data messages, in particular in the context of contract formation.
In response, it was emphasized that paragraph 2 did not impose obligations upon States, butmerely provided States with an opportunity to make a declaration that the draft convention applied to other international instruments.
It was stated that such an approach would allow the debtor to know whether the draft Convention applied and to avoid situations in which the debtor's rights and obligations would be made subject to a different legal regime, simply because the assignor chose to make an international assignment.
Ms. Schmidt(Germany) supported the proposal by the observer for the Hague Conference on Private International Law that it should be made clear in the commentary that the draft convention applied only to trade-related matters.
One possible interpretation was that,in its present form, the draft convention applied when the law of a contracting State was the law applicable to the dealings between the parties, which should be determined by the rules of private international law of the forum State, if the parties had not chosen the applicable law.
In addition, one delegation proposed the deletion of the words“where appropriate” on the ground that the draft Convention applied only to serious crime and the words would unnecessarily weaken the obligation.
In order tobetter reflect the understanding that other provisions of the draft Convention applied to subsequent assignments, unless a special rule had been devised for subsequent assignments, it was suggested that draft articles 25 to 28 be placed in the context of the relevant provisions of the draft Convention(draft articles 1, 12, 18 and 16 respectively), rather than in a separate chapter.
Therefore, it was suggested that the current text of the draft paragraph should be reworded to make it clear that the draft convention applied only to exchanges between the parties to an existing or contemplated contract.
As the Commission, when considering draft article 1,had confirmed the Working Group's understanding that the draft convention applied when the law of a Contracting State was the law applicable to a contract, its application was not autonomous but required a positive determination by the forum State that its own law or the law of another Contracting State was the law governing a transaction, thus rendering the entire convention subject to the rules of private international law.
Some support was expressed for the third bracketed text for the reason that it was said to better reflect that the draft convention applied to multimodal rather than traditional port-to-port transportation.
It was further noted that the title of draft article 86 would also need to be amended to fully reflect the understanding of the Working Group with respect to the provision,since the current wording could imply that the draft convention applied to personal loss or injury of passengers.
Another view was that, rather than excluding such assignments from the scope of the draft Convention in all cases, whether ornot the Unidroit draft Convention applied(an approach that would inadvertently result in gaps if the Unidroit draft Convention were not widely adopted), it might be preferable to give precedence to the Unidroit draft Convention with regard to such assignments only if the Unidroit draft Convention applied in a particular case.
The view was widely shared that the result arosefrom draft article 25, which provided that the draft Convention applied to subsequent assignments“as if the subsequent assignee was the initial assignee”.
By its terms the draft Convention applies to"contracts of carriage" art. 5.
Under article 1, the draft Convention applies to assignments of receivables for a definition of the terms"assignment","subsequent assignment","receivable","assignor","assignee" and"debtor", see article 2.
With regard to the spatial scope of application, the draft convention applies to contracts"between parties whose places of business are in different States" draft article 1.
The draft convention applies to the"use of electronic communications in connection with the formation or performance of a contract between parties whose places of business are in different States.
In view of the broad definition of the term"receivable" in article 2(a)("contractual right to payment of a monetary sum"), the draft Convention applies to a wide array of transactions.
Accordingly, the draft Convention applies to assignments of international receivables, whether or not the assignments are international or domestic, and to international assignments of receivables, even if the receivables are domestic for comments on internationality, see paras. 38-41.
If the place of the relevant intermediary is a State party to both the draft Convention andthe Hague Conference text(and the draft Convention applies because the assignor is located in a Contracting State), article 26 would be the law of the place of the relevant intermediary.
The reference to international trade is intended to reflect the overall objective of the draft Convention to facilitate the movement of goods and services across borders andappropriately clarify that the draft Convention applies to assignments with an international and commercial element.
The commentary could explain that, with the exception of assignments excluded in article 4,paragraph 1(a), the draft Convention applies to assignments of consumer receivables but is not intended to interfere with domestic internal mandatory consumer-protection legislation.