This is not legal advice. No attorney-client relationship is established. etc etc
>From: Abe Kornelis <[EMAIL PROTECTED]> >Reply-To: [EMAIL PROTECTED] >To: [EMAIL PROTECTED] >Subject: Exclusion of international laws >Date: Mon, 07 Jan 2002 22:02:29 -0800 > >Hello all, > >Best wishes for the new year to all of you. > >I have noticed that various OSI-approved licenses >exclude the United Nations Convention on Contracts >for the International Sale of Goods. > >First question: why would anyone want to exclude >a supranational regulation. I'd suppose such >regulations are installed in order to promote >international trade... > A contracting party would want to exclude the UN CISG primarily where it prefers a different law. For example, where a party prefers the law of New York with respect to all its transactions, domestic or international, it would want to exclude the UN CISG from applying to its international contracts - a uniformity reason. A party may want to have a law it knows apply instead of assume the interpretation of the UN CISG - a certainty reason. A party may disagree with the provisions of the UN CISG - a substantive reason. Of course, there could me many more reasons. You can read the UN CISG here: http://www.uncitral.org/english/texts/sales/CISG.htm >Second question: Once this Convention has been >ratified by a country's government I'd assume it >has status of law within that country. Is it >legally possible then, to bypass such a regulation? >I mean, I could write that applciation of regulations >relating to racism are excluded from my license X, >but I seriously doubt that such a statement would >have any consequence: it would simply be overridden >by 'the law'. Anybody willing to shed some light >on these - to me - murky matters? > The UN CISG expressly permits "parties", i.e. parties to a contract as distinct from the "States" who ratify the CISG, to exclude its application. 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. http://www.uncitral.org/english/texts/sales/CISG.htm >Thanks in advance, and kind regards, Abe. >-- >Abe F. Kornelis, B.V. Bixoft >Het Jaagpad 63, 3461 HA Linschoten >The Netherlands >phone: +31-6-22755401 > >To visit our website: >either: http://www.bixoft.com > or: http://www.bixoft.nl > >-- >license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3