On Thu, Sep 08, 2005 at 05:04:00PM +0200, Lionel Elie Mamane wrote: Lionel> Lionel> >>> The application of the Lionel> >>> United Nations Convention on Contracts for the International Sale Lionel> >>> of Goods is expressly excluded. Lionel> Lionel> Yes, but what does it *say*? What are the consequences of it being Lionel> applicable? Well, a whole bunch of stuff ;-) Basically, it clarifies outstanding matters in which countries have widely different conceptions of contracts: formation, hardship, etc. It's not bad, really, because it takes an unformal approach to contracts: no need for written contracts, usages are to be incorporated, etc. And it helps solve the typical problems that arise when two sets of law might apply. Now, I'll have to add that to me, it shouldn't apply most of the time to software licenses because it applies to *sale of goods*, and to me a software license has nothing to do with sale of goods. But, it seems that in some countries there are people who dispute that, so it might be better to be safe than sorry, even though, as I said, there's not much to fear in the convention. My point was mainly that the Vienna Convention was more relevant than the Wallonia act of 1963 on typewriting or whatever the original example of daft legislation was. Lionel> And for my education: Does it apply to "international" intra-European Lionel> contracts? Lionel> ) Yep, if they qualify as sale of goods. For those interested, here's a link to the convention. http://www.jus.uio.no/lm/un.contracts.international.sale.of.goods.convention.1980/doc.html Cheers, -- Yorick Cool Chercheur au CRID Rempart de la Vierge, 5 B-5000 Namur Tel: + 32 (0)81 72 47 62 /+32 (0)81 51 37 75 Fax: + 32 (0)81 72 52 02
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