International Private Law in Civil and Commercial Matters



Contract Law

 

 



Sale of Goods

  • United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 11 April 1980)   [See for more details: CISG-Data Base of Pace University]    [See also CISG Annotated Table of Contents] [more information: www.unilex.info]

    Scope: The adoption of uniform rules which govern contracts for the international sale of goods between parties whose places of business are in different Contracting States. This 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 principal it is not concerned with (a) the validity of the contract or of any of its provisions or of any usage, nor with ((b) the effect which the contract may have on the property in the goods sold. This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person.
    Parties: Albania, Argentina, Armenia, Australia, Belarus, Bosnia-Herzegovina, Burundi, Canada, Chile, China (PRC), Colombia, Croatia, Cuba, Ecuador, Egypt, El Salvador, Gabon, Georgia, Guinea, Honduras, Iceland, Iraq, Israel, Japan, South Korea, Kyrgyzstan, Lebanon, Lesotho, Liberia, Macedonia, Mauritania, Mexico, Moldova, Mongolia, Montenegro, New Zealand, Norway, Paraguay, Peru, Russian Federation, Saint Vincent & Grenadines, Serbia, Singapore, Switzerland, Syria, Uganda, Ukraine, United States, Uruguay, Uzbekistan and Zambia (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Romania, Slovakia, Slovenia, Spain and Sweden.

 

 



Transportation Law

Scope: Standardizing the conditions governing the contract for the international carriage of goods by road, particularly with respect to the documents used for such carriage and to the carrier's liability.This Convention appliesto every contract for the carriage of goods by road in vehicles for reward, when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a Contracting country, irrespective of the place of residence and the nationality of the parties.
Parties Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Croatia, Georgia, Iran, Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Norway, Russian Federation, Serbia, Switzerland, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine and Uzbekistan (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

  • Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)   [See for more information on Warsaw Convention: UNIDROIT-Website]

    Scope: This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
    Parties Albania, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Gabon, Gambia, Ghana, Iceland, India, Jamaica, Japan, Jordan, Kenya, Korea, Kuwait, Lebanon, Macedonia, Madagascar, Malaysia, Maldives, Mali, Mauritius, Mexico, Moldova, Mongolia, Mozambique, Namibia, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Qatar, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sudan, Swaziland, Switzerland, Syria, Tanzania, Togo, Tonga, Turkey, Ukraine, United Arab Emirates, United States, Uruguay, Vanuatu and Zambia (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, European Community, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

  • EC Regulation (No 2027/97) of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air (OJ 1997/L 285, 17), consolidated text after the amendment by EC Regulation (No 889/2002) of 13 May (OJ 2002 L 140, 2)   [See for more information: EUROPE.EU-Website]

    Scope: This Regulation lays down the obligations of Community air carriers in relation to liability in the event of accidents to passengers for damage sustained in the event of death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board an aircraft or in the course of any of the operations of embarking or disembarking. This Regulation also clarifies some insurance requirements for Community air carriers. In addition, this Regulation sets down some requirements on information to be provided by air carriers established outside the Community which operate to, from or within the Community. After the amendment by EC Regulation (No 889/2002) the Community arrangements are fully in line with the rules of the Montreal Convention of 28 May 1999. The aim is to harmonise liability limits and legal defences in respect of European carriers, irrespective of the route (internal, intra-Community, international) on which the accident occurs.
    Parties: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

    • Act Conflict of Law Rules for Sea, Inland Water and Air Transport

 

 



Tort (Unlawful Acts)

  • EC Regulation (No 864/2007) of 11 July 2007 on the law applicable to non-contractual obligations ("Rome II")

    Scope: This Regulation applies in situations involving a conflict of laws to non-contractual obligations in civil and commercial matters. It shall not apply, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).
    Parties: All EU Member States are a party to this Regulation, with the exception of Denmark (therefore this Regulation is applicable with regard to Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

  • Convention on the Law Applicable to Traffic Accidents (the Hague, 4 May 1971)   [See for more details: Dutch Treaty Data Base]

    Scope: Establishing common provisions on the law applicable to civil non-contractual liability arising from traffic accidents, entailing rules for the liability of manufacturers, sellers or repairers of vehicles, for the responsibility of the owner of a way open to traffic and for the safety of its users and for vicarious liability, with the exception of the liability of an owner of a vehicle, or of a principal, or of a master. Furthermore this Convention entails rules for recourse actions among persons liable, for subrogation in so far as insurance companies are concerned and for actions and recourse actions by or against social insurance institutions and other similar institutions..
    Parties: Belarus, Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Switzerland (and the following EU Member States:) Austria, Belgium, Czech Republic, France, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Slovenia and Spain.

Scope: This Convention determines the law applicable to the liability for damage caused by a product, including damage in consequence of a misdescription of the product or of a failure to give adequate notice of its qualities, its characteristics or its method of use. It applies to the liability of the following persons (1) manufacturers of a finished product or of a component part; (2) producers of a natural product; (3) suppliers of a product; (4) other persons, including repairers and warehousemen, in the commercial chain of preparation or distribution of a product. Where the property in, or the right to use, the product was transferred to the person suffering damage by the person claimed to be liable, the Convention shall not apply to their liability inter se.
Parties: Croatia, Macedonia, Montenegro, Norway and Serbia (and the following EU Member States:) Belgium, Finland, France, Italy, Luxembourg, the Netherlands, Portugal, Slovenia and Spain.

    • Act Conflict of Law Rules for Tort

 



Legal Persons

    • Act for the approval of the European Convention of 24 April 1986
    • Act Conflict of Law Rules for cooperatives
    • Act on Formally Foreign Companies

 



Trusts and Property Law

  • Convention on the Law Applicable to Trusts and on their Recognition (the Hague, 1 July 1985)   [See for more details: Dutch Treaty Data Base]

    Scope: Acknowledgement that the trust, as developed in courts of equity in common law jurisdictions and adopted with some modifications in other jurisdictions, is a unique legal institution. Establishment of common provisions on the law applicable to trusts and to deal with the most important issues concerning the recognition of trusts. For the purposes of this Convention, the term "trust" refers to the legal relationships created - inter vivos or on death - by a person, the settlor, when assets have been placed under the control of a trustee for the benefit of a beneficiary or for a specified purpose.
    Parties: Australia, Canada, China, Cyprus, France, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, San Marino, Switzerland, the United Kingdom and the United States of America.

    • Act Conflict of Law Ruls for Trusts
    • Act Conflict of Law Rules for Real Property Rights