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.

 

 


Transport Law


Transport by Road

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.


Transport by Air

Scope: Dealing on an international level with the recording, transfer and recognition of titles and interests in aircraft.
Parties Algeria, Angola, Argentina, Australia, Azerbaijan, Bahrain, Bangladesh, Bolivia, Bosnia and Herzegovina, Brazil, Cameroon, Central African Republic, Chad, Chile, China, Colombia, Côte d'Ivoire, Croatia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iceland, Iran, Iraq, Ireland, Italy, Kenya, Kuwait, Kyrgyzstan, Laos, Lebanon, Libya, Luxembourg, Macedonia, Madagascar, Maldives, Mali, Mauritania, Mauritius, Mexico, Monaco, Morocco, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of the Congo, Rwanda, Senegal, Serbia, Seychelles, South Africa, Sri Lanka, Suriname, Switzerland, Tajikistan, Thailand, Togo, Tunisia, Turkmenistan, United States of America, Uruguay, Uzbekistan, Venezuela, Vietnam, Yugoslavia and Zimbabwe (and the following EU Member States): Belgium, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Netherlands, Portugal, Romania, Slovenia, Sweden and 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.


    Transport by sea

  • International Convention for the Unification of Certain Rules of Law relating to Bills of Lading ("Hague Rules", Brussels 1924)

    Scope: This Convention provides uniform rules regarding the carriage of goods by sea between ports in different (Contracting) States, including the effects of a bill of lading.
    Parties: Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Bahamas, Bangladesh (Com. Code), Barbados, Belize, Bermuda, Bolivia, Brazil (Com. Code), Cameroon, Cape Verde, Caymen Islands, China-Macao, Columbia (in part), Croatia, Cuba, Dominica, Ecuador, Egypt, Fiji, Gambia, Ghana, Gibraltar, Goa, Grenada, Guinea-Bissau, Guyana, Hong Kong, India (Com. Code), Iran, Israel, Ivory Coast, Jamaica, Japan, Kenya, Kiribati, Kuwait, Lebanon, Madagascar, Malaysia, Mauritius, Monaco, Montserrat, Mozambique, Nauru, Nigeria, Norway, Pakistan (Com. Code), Panama (Com. Code), Papua New Guinea, Paraguay, Peru, Russia (Com. Code), São Tomé and Príncipe, Sarawak, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri Lanka, St. Kitts - Nevis, St Lucia, St. Vincent and Grenadines, Switzerland, Syria, Taiwan, Tanzania, Timor, Tonga, Trinidad and Tobago, Turks and Caicos, Turkey, Tuvalu, United States, Yugoslavia and Zaire (Congo) (and the following EU Member States:) Belgium, Bulgaria (Com. Code), Cyprus, Denmark, Estonia (Com. Code), Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Netherlands, Malta (Com. Code), Poland, Portugal, Slovenia, Spain, Sweden and United Kingdom.

  • International Convention for the Unification of Certain Rules of Law relating to Bills of Lading ("Hague-Visby Rules", Brussels in 1968)

    Scope: This his Convention provides uniform rules regarding the carriage of goods by sea between ports in different (Contracting) States, including the effects of a bill of lading. The Hague Rules (see above) became known as the Hague/Visby Rules on the adoption of The Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading. This protocol was adopted to amend the original treaty in Brussels in 1968. It came into force on June 23 1977. These amendments were conducted under the auspices of the Comité Maritime International, and were largely negotiated in a conference in Stockholm in 1963. They do not stand alone as an independent set of rules, but act only to modify the pre-existing Hague structure. The rules are therefore known as the Hague/Visby Rules. The Hague/Visby Rules were further amended by the Protocol Amending the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (August 25, 1924, as Amended by the Protocol of February 23, 1968). This further amending protocol was adopted in Brussels on December 21, 1979 and came into force on February 14, 1984. The main development of this amendment was to adopt a new basic accounting unit, which had been poincaré gold francs, but would now be Special Drawing Rights of the International Monetary Fund.
    As between Parties to the Hague-Visby Rules, these rules are decisive in their mutual relationship. A Party to the Hague-Visby Rules has, however, no duty to apply the provisions of the Hague-Visby Rules to bills of lading issued in a State which is a Party to the Hague Rules but which is not a Party to the Hague-Visby Rules. In such event the Hague Rules are decisive.
    Parties: Argentina (in part), Bahrein (in part), Bermuda, Canada (Com. Code), Cayman Islands, China (in part), Croatia, Ecuador, Egypt, Georgia, Gibraltar, Goa (Com. Code with limits), Hong Kong, India (Com. Code with limits), Indonesia (Com. Code), Israel (Com. Code), Japan, Korea South (Com. Code), Kuwait (Com. Code), Lebanon, Liberai (Com. Code), Mexico, Montserrat, New Zealand, Norway, Oman (Com. Code), Russia, Singapore, Sri Lanka, South Africa (Com. Code), Switzerland, Syria, Taiwan (Com. Code), Thailand (Com. Code), Tonga, Turks and Caicos, Ukraine (Com. Code), United Arabic Emirates (Com. Code), Venezuela (Com. Code), Vietnam (Com. Code), Yemen (Com. Code), Yugoslavia (Com. Code) (and the following EU Member States:) Belgium, Denmark, Finland, France, Germany (internally), Greece, Ireland, Italy, Latvia, Netherlands, Poland, Portugal (in part), Spain, Sweden and United Kingdom.

  • United Nations Convention on the Carriage of Goods by Sea ("Hamburg Rules", 1978)

    Scope: This Convention provides uniform rules regarding the carriage of goods by sea between ports in different (Contracting) States, including the effects of a bill of lading. Pursuant to Article 31 of the Convention, the entry into force of the Rotterdam Rules coupled to denunciation of the Hamburg Rules and at the latest five years after entry into force of this Convention, ratifying States should denounce the Conventions governing the Hague-Visby Rules. The most important countries, however, still apply the Hague-Visby Rules. The Netherlands is neither a party to the Hamburg Rules.
    Parties: Albania, Barbados, Botswana, Burkina Faso, Burundi, Cameroon, Chile, Dominican Republic, Egypt, Gambia, Georgia. Guinea, Jordan, Kazakhstan, Kenya, Lebanon, Lesotho, Liberia, Malawi, Morocco, Nigeria, Paraguay, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Syria, Tanzania, Tunisia, Uganda and Zambia (and the following EU-Member States:) Austria, Czech Republic, Hungary and Romania.

  • United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea ("Rotterdam Rules", 2009)    [See for more information: Unicitral-Website]

    Scope: Adoption of new rules to modernise the rules for the international carriage by sea, taken into account as well transport only partially by sea and modern transport practices, including containerization, door-to-door transport contracts and the use of electronic transport documents.
    Parties: Spain (The following States have signed, yet not ratified the Rotterdam Rules: Armenia, Cameroon, Congo, Democratic Republic of the Congo, , Gabon, Ghana, Guinea, Madagascar, Mali, Niger, Nigeria, Norway, Senegal, Switzerland, Togo, United States of America and the following EU-Member States: Denmark, France, Greece, Luxembourg, Netherlands, Poland and Sweden) [20 actions are required for entry into force].

  • International Convention on Salvage (IMO, Londen, 1989)    [See for more information]

    Scope: Uniform international rules regarding rendering of assistance to ships and its cargo at sea (salvage operations)
    Parties: Albania, Australia, Azerbaijan, Brazil, Canada, China, Congo, Croatia, Dominica, Ecuador, Egypt, Georgia, Guinea, Guyana, Iceland, India, Iran, Jordan, Kenya, Kiribati, Liberia, Marshall Islands, Mauritius, Mexico, New Zealand, Nigeria, Norway, Oman, Russian Federation, Saint Kitts and Nevis, Saudi Arabia, Sierra Leone, Switzerland, Syria, Tonga, Tunisia, United Arab Emirates, United States of America and Vanuatu (and the following EU Member States: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Netherlands, Poland, Romania, Slovenia, Spain, Sweden and United Kingdom.

  • York-Antwerp Rules (IMO, Londen, 1989)    [See for more information]

    Scope: A set of internationally-accepted rules, first published in 1890, proposing points of detail in the application of the maritime law principle of general average. The York-Antwerp Rules regulate the method of allocating general average losses between ship owners and cargo owners when a part of the ship or of the cargo must be ditched in order to escape from a dangerous situation.
    Parties: There are no official Contracting Parties, since the York Antwerp Rules are no International Convention or Treaty. Maritime law includes international agreements, national laws on shipping, and private agreements voluntarily adhered to by the parties involved in shipping contracts. The York-Antwerp Rules of General Average are the best known example of such private agreements, as they establish the rights and obligations of the parties when cargo must be jettisoned from a ship. Many States refer in their national law to the applicability of the York-Antwerp Rules or have incorporated provisions therein which are similar to these rules. The York-Antwerp Rules may have effect as well on account of unwritten customary law.


    Transport by inland waterway vessel

  • General Average Rules IVR including Commentary (Gent, 1 June 2006)    [See for more information the website of: www.ivr.nl]

    Scope: Legal unification in inland shipping by issuing uniform rules for general average on inland waterways. cases, already in 1956 the so-called "IVR Rhine Rules" were drawn up and recommended for international Rhine shipping. In the actual practice this has for decades led to the application of uniform rules in the interest of inland navigation and of insurers. With the realisation of the connection between Rhine and Danube, IVR has concentrated her activities on a rapprochement between East and West and pursuing European unification. In order to recommend an analogue application of the IVR Rhine Rules also in Middle- and East European countries, the IVR Board of Management decided, as proposed by the Average Committee, to change the name of the Rhine Rules into "IVR General Average Rules". Consequently, in the interest of all parties concerned application of these rules is recommended.
    Parties: There are no official Contracting Parties, since the General Average Rules IVR (and its forerunner the so-called "IVR Rhine Rules") are no International Convention or Treaty. The Rules are private agreements that can voluntarily be adhered by parties involved in shipping contracts, here over inland waterways.

  • United Nations Convention on the Carriage of Goods by Sea ("Hamburg Rules", 1978)

    Scope: This Convention provides uniform rules regarding the carriage of goods by sea between ports in different (Contracting) States, including the effects of a bill of lading. Pursuant to Article 31 of the Convention, the entry into force of the Rotterdam Rules coupled to denunciation of the Hamburg Rules and at the latest five years after entry into force of this Convention, ratifying States should denounce the Conventions governing the Hague-Visby Rules. The most important countries, however, still apply the Hague-Visby Rules. The Netherlands is neither a party to the Hamburg Rules.
    Parties: Albania, Barbados, Botswana, Burkina Faso, Burundi, Cameroon, Chile, Dominican Republic, Egypt, Gambia, Georgia. Guinea, Jordan, Kazakhstan, Kenya, Lebanon, Lesotho, Liberia, Malawi, Morocco, Nigeria, Paraguay, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Syria, Tanzania, Tunisia, Uganda and Zambia (and the following EU-Member States:) Austria, Czech Republic, Hungary and Romania.

 

 


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