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
