Zum Bücherregal
Arbeitsbereich
CITES
Verweise
in Art. XI CITES

CITES  
CITES Convention (1973, as amended)

1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.
2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties.
3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:
(a) make such provision as may be necessary to enable the Secretariat to carry out its duties, and adopt financial provisions;
(b) consider and adopt amendments to Appendices I and II in accordance with Article XV;
(c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;
(d) receive and consider any reports presented by the Secretariat or by any Party; and
(e) where appropriate, make recommendations for improving the effectiveness of the present Convention.
4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.
5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.
6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.
7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:
(a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.
Quelle: CITES
Import:

UNCITRAL Digest CISG, Art. 5

Art. 5 CISG

This Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods (CISG) was prepared by the UNCITRAL Secretariat in cooperation with national correspondents and international experts. It may serve as a commentary on the CISG. The following excerpt contains the commentary on Article 5 CISG.

Recommended citation: UNCITRAL, Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods (2016), Art. 5, para. #.

 

Article 5
This Convention does not apply to the liability of the seller for death or personal
injury caused by the goods to any person.
 
 
OVERVIEW

1. Pursuant to this provision, the Convention does not deal with liability for death or personal injury caused by the goods to any person,1 regardless of whether the injured party is the buyer or a third party. Consequently, national law applies to those matters.

 
SCOPE OF THE EXCLUSION

2. Article 5 declares that the Convention does not govern liability for death or personal injury “to any person”.2 Although this can be read to exclude a buyer’s claim against the seller for pecuniary loss resulting from the buyer’s liability to third parties for personal injury caused by the goods, one court has applied the Convention to such a claim.3

3. According to part of the case law, any claims for damage to property caused by non-conforming goods are governed by the Convention and do not fall within scope of the article 5 exclusion.4 This excludes any concurrent domestic remedies for damage to property. Consequently, in those cases where the Convention applies, it requires a buyer to notify the seller of the lack of conformity that caused the damage to property in order for the buyer not to lose its claim.5 Where the damage to property is not “caused by the goods”, as where the buyer’s property is damaged by delivery of the goods, the liability issue must be settled on the basis of applicable domestic law.

4. According to some courts, however, the Convention does not deal with concurrent tort claims6 or claims based on the seller’s negligent or fraudulent misrepresentation,7 thus not pre-empting any such claim, but rather leaving it to the applicable domestic law to determine the prerequisites of any such claim.

 
Notes

1 See CLOUT case No. 196 [Handelsgericht des Kantons Zürich, Switzerland, 26 April 1995] (see full text of the decision).

2 CLOUT case No. 196 [Handelsgericht des Kantons Zürich, Switzerland, 26 April 1995].

3 See CLOUT case No. 49 [Oberlandesgericht Düsseldorf, Germany, 2 July 1993] (see full text of the decision).

4 See CLOUT case No. 196 [Handelsgericht des Kantons Zürich, Switzerland, 26 April 1995].

5 See CLOUT case No. 280 [Thüringer Oberlandesgericht, Germany, 26 May 1998]; CLOUT case No. 196 [Handelsgericht des Kantons Zürich, Switzerland, 26 April 1995].

6 U.S. District Court, Eastern District of Arkansas, United States, 23 December 2009, available on the Internet at www.cisg.law.pace.edu; CLOUT Case No. 579 [U.S. Southern District Court for New York, United States, 10 May 2002]; CLOUT case No. 420 [U.S. District Court, Eastern District of Pennsylvania, United States, 29 August 2000].

7 U.S. District Court, Eastern District of Arkansas, United States, 23 December 2009, available on the Internet at www.cisg.law.pace.edu; U.S. District Court, Southern District of Ohio, United States, 26 March 2009, available on the Internet at www.cisg.law.pace.edu; U.S. District Court, Southern District of Ohio, United States, 10 October 2006, available on the Internet at www.cisg.law.pace.edu; CLOUT case No. 579 [U.S. District Court, Southern District of New York, United States, 10 May 2002].

 

© United Nations. This text is reproduced with permission of the United Nations.

Zuletzt bearbeitet:
Schemata
zu
Notizen
zu Art. XI CITES
Keine Notizen vorhanden.