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General Assembly Distr.: General 8 June 2004

8 June 2004 Original: English

Original: English 2

2 UNCITRAL Digest on the CISG

UNCITRAL Digest on the CISG 1. This provision sets out those sales that are excluded from theConvention’s

1. This provision sets out those sales that are excluded from theConvention’s sphere of application. The exclusions are of three types, those based on the purpose

sphere of application. The exclusions are of three types, those based on the purpose for which the goods were purchased, those based on the type of transaction and

for which the goods were purchased, those based on the type of transaction and those based on the kinds of goods sold.1

those based on the kinds of goods sold.1 Consumer sales

Consumer sales 2. According to Art. 2 (a), a sale falls outside the Convention’s sphere of

2. According to Art. 2 (a), a sale falls outside the Convention’s sphere of application if it relates to goods which at the time of the conclusion of the contract

application if it relates to goods which at the time of the conclusion of the contract are intended to be used personally, in the family or in the household. The buyer’s

are intended to be used personally, in the family or in the household. The buyer’s intention before or at the conclusion of the contract is relevant,2 rather than the real

intention before or at the conclusion of the contract is relevant,2 rather than the real use of the goods.3 Thus, the sale of a car4 or a recreational trailer5 bought for

use of the goods.3 Thus, the sale of a car4 or a recreational trailer5 bought for personal use falls outside the Convention’s sphere of application.6

personal use falls outside the Convention’s sphere of application.6 3. If the goods are purchased by an individual for a commercial or professional

3. If the goods are purchased by an individual for a commercial or professional purpose, the sale does not fall outside the Convention’s sphere of application. Thus,

purpose, the sale does not fall outside the Convention’s sphere of application. Thus, the following situations are governed by the Convention: the purchase of a camera

the following situations are governed by the Convention: the purchase of a camera by a professional photographer for use in its business; the purchase of a soap or

by a professional photographer for use in its business; the purchase of a soap or other toiletries by a business for the personal use of its employees; the purchase of a

other toiletries by a business for the personal use of its employees; the purchase of a single automobile by a dealer for resale.7

single automobile by a dealer for resale.7 4. If the goods are purchased for the aforementioned “personal, family or

4. If the goods are purchased for the aforementioned “personal, family or household use” purposes, the Convention does not apply “unless the seller, at any

household use” purposes, the Convention does not apply “unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have

time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use”.8 This narrows down the

known that the goods were bought for any such use”.8 This narrows down the applicability of the exception and leads to the possibility of a conflict between

applicability of the exception and leads to the possibility of a conflict between domestic law and the Convention in those cases where the domestic law does not

domestic law and the Convention in those cases where the domestic law does not require that the seller either knew or ought to have known of the personal use.9

require that the seller either knew or ought to have known of the personal use.9 Other exclusions

Other exclusions 5. The exclusion of sales by auction covers both auctions resulting from authority

5. The exclusion of sales by auction covers both auctions resulting from authority of law as well as private auctions. Sales at commodity exchanges do not fall under

of law as well as private auctions. Sales at commodity exchanges do not fall under these categories, as they merely constitute a particular way of concluding the

these categories, as they merely constitute a particular way of concluding the contract.

contract. 3

3 6. The sale on judicial or administrative execution or otherwise byauthority of

6. The sale on judicial or administrative execution or otherwise byauthority of law is excluded from the Convention’s sphere of application as such sales are

law is excluded from the Convention’s sphere of application as such sales are normally governed by mandatory laws of the State under whose authority the

normally governed by mandatory laws of the State under whose authority the execution is made.

execution is made. 7. The exclusion of sales of stocks, investment securities, and negotiable

7. The exclusion of sales of stocks, investment securities, and negotiable instruments is due to the intention to avoid a conflict with mandatory rules of

instruments is due to the intention to avoid a conflict with mandatory rules of domestic law.10 Documentary sales are not covered by this exclusion.

domestic law.10 Documentary sales are not covered by this exclusion. 8. The sale of ships,11 vessels, aircraft,12 and hovercrafts is not covered by the

8. The sale of ships,11 vessels, aircraft,12 and hovercrafts is not covered by the Convention either. However, the sale of parts of ships, vessels, aircraft, and

Convention either. However, the sale of parts of ships, vessels, aircraft, and hovercrafts falls under the Convention’s sphere of application, even where these are

hovercrafts falls under the Convention’s sphere of application, even where these are essential, such as engines,13 since the exclusions from the Convention’s sphere of

essential, such as engines,13 since the exclusions from the Convention’s sphere of application have to be interpreted restrictively. According to one arbitral tribunal,

application have to be interpreted restrictively. According to one arbitral tribunal, the sale of a decommissioned military submarine does not fall within the scope of

the sale of a decommissioned military submarine does not fall within the scope of the article 2 (e) exclusion.14

the article 2 (e) exclusion.14 9. Although the sale of electricity is excluded from the Convention’s sphere of

9. Although the sale of electricity is excluded from the Convention’s sphere of application, the Convention has been applied by a court in the sale of gas.

United Nations A/56/L.50 General Assembly Distr.: Limited

General Assembly Distr.: Limited 11 December 2001

11 December 2001 Original: English

Original: English 01-68848 (E) 111201

01-68848 (E) 111201 *0168848*

*0168848* Fifty-sixth session

Fifty-sixth session Agenda item 20 (d)

Agenda item 20 (d) Strengthening of the coordination of humanitarian and

Strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations,

disaster relief assistance of the United Nations, including special economic assistance: participation of

including special economic assistance: participation of volunteers, “White Helmets”, in the activities of the

volunteers, “White Helmets”, in the activities of the United Nations in the field of humanitarian relief,

United Nations in the field of humanitarian relief, rehabilitation and technical cooperation for development

rehabilitation and technical cooperation for development Andorra, Angola, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium,

Andorra, Angola, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Brazil, Canada, Chile, China, Colombia, Cyprus, Czech Republic, Denmark,

Brazil, Canada, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Germany, Guatemala, Guyana,

Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Germany, Guatemala, Guyana, India, Italy, Japan, Kazakhstan, Luxembourg, Malta, Monaco, Mongolia,

India, Italy, Japan, Kazakhstan, Luxembourg, Malta, Monaco, Mongolia, Nicaragua, Norway, Panama, Paraguay, Portugal, Republic of Moldova,

Nicaragua, Norway, Panama, Paraguay, Portugal, Republic of Moldova, Romania, Russian Federation, Slovakia, South Africa, Spain, Sweden, Turkey,

Romania, Russian Federation, Slovakia, South Africa, Spain, Sweden, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of

United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Yugoslavia: draft resolution

America, Uruguay and Yugoslavia: draft resolution Participation of volunteers, “White Helmets”, in the activities of

Participation of volunteers, “White Helmets”, in the activities of the United Nations in the field of humanitarian relief,

the United Nations in the field of humanitarian relief, rehabilitation and technical cooperation for development

rehabilitation and technical cooperation for development The General Assembly,

The General Assembly, Reaffirming its resolutions 49/139 of 20 December 1994, 50/19 of 28

Reaffirming its resolutions 49/139 of 20 December 1994, 50/19 of 28 November 1995, 52/171 of 16 December 1997 and 54/98 of 8 December 1999,

November 1995, 52/171 of 16 December 1997 and 54/98 of 8 December 1999, Reaffirming also its resolutions 46/182 of 19 December 1991, 47/168 of 22

Reaffirming also its resolutions 46/182 of 19 December 1991, 47/168 of 22 December 1992, 48/57 of 14 December 1993, 49/139 A and B of 20 December

December 1992, 48/57 of 14 December 1993, 49/139 A and B of 20 December 1994, 50/57 of 12 December 1995 and 51/194 of 17 December 1996 and Economic

1994, 50/57 of 12 December 1995 and 51/194 of 17 December 1996 and Economic and Social Council resolutions 1995/56 of 28 July 1995 and 1996/33 of 25 July

and Social Council resolutions 1995/56 of 28 July 1995 and 1996/33 of 25 July 1996,

1996, Recognizing that recent events emphasize the need for the international

Recognizing that recent events emphasize the need for the international community, in addressing the growing magnitude and complexity of natural

community, in addressing the growing magnitude and complexity of natural disasters and other humanitarian emergencies, to rely not only on the formulation of

disasters and other humanitarian emergencies, to rely not only on the formulation of a well-coordinated global response within the framework of the United Nations but

a well-coordinated global response within the framework of the United Nations but also on the promotion of a smooth transition from relief to rehabilitation,

also on the promotion of a smooth transition from relief to rehabilitation, reconstruction and development,

reconstruction and development, Recalling that prevention, preparedness and contingency planning for

Recalling that prevention, preparedness and contingency planning for emergencies at a global level depend, for the most part, on the strengthened local

emergencies at a global level depend, for the most part, on the strengthened local and national response capacities as well as on the availability of financial resources,

and national response capacities as well as on the availability of financial resources, both domestic and international,

both domestic and international, 1. Takes note of the report of the Secretary-General,1 prepared in pursuance

1. Takes note of the report of the Secretary-General,1 prepared in pursuance of its resolution 54/98 on the participation of volunteers, “White Helmets”, in

of its resolution 54/98 on the participation of volunteers, “White Helmets”, in activities of the United Nations in the field of humanitarian relief, rehabilitation and

activities of the United Nations in the field of humanitarian relief, rehabilitation and technical cooperation for development;

technical cooperation for development; 2. Encourages voluntary national and regional actions aimed at making

2. Encourages voluntary national and regional actions aimed at making available to the United Nations system, through the United Nations Volunteers and

available to the United Nations system, through the United Nations Volunteers and other agencies, national volunteer corps such as the White Helmets on a standby

other agencies, national volunteer corps such as the White Helmets on a standby basis, in accordance with accepted United Nations procedures and practices, in order