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Reproduced with the permission of Oceana Publications

excerpt from

INTERNATIONAL SALES LAW

United Nations Convention on Contracts for the International Sale of Goods

Convention on the Limitation Period in the International Sale of Goods

Commentary by
Prof. Dr. jur. Dr. sc. oec. Fritz Enderlein
Prof. Dr. jur. Dr. sc. oec. Dietrich Maskow

Oceana Publications, 1992

Article 97 [Declarations]

[TEXT OF THE UNIFORM LAW]

(1) Declarations made under this Convention at the time of signature [1] are subject to confirmation [2] upon ratification, acceptance or approval [3].

(2) Declarations and confirmations of declarations are to be in writing [4] and be formally notified to the depositary [5].

(3) A declaration takes effect simultaneously with the entry [6] into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notification after such entry into force takes effect on the first day of the month following the expiration of six months [7] after the date of its receipt by the depositary. Reciprocal unilateral declarations under article 94 take effect on the first day of the months following the expiration of six months after the receipt of the latest declaration by the depositary.

(4) Any State which makes a declaration under this Convention may withdraw [8] it at any time by a formal notification in writing addressed to the depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months [9] after the date of the receipt of the notification by the depositary.

(5) A withdrawal of a declaration made under article 94 renders inoperative, as from the date on which the withdrawal takes effect, any reciprocal declaration [10] made by another State under that article.

[COMMENTARY]

[1] This refers to declarations made under Articles 92, 93, 94 and 96.

[2] This corresponds with Article 23 of the Vienna Treaty Convention.

[3] Compare Article 91, note 5 fol.

[4] The considerations regarding Article 11 do not relate to the written form in diplomatic relations. Reference is made here always to notes.

[5] As to the functions of a depositary, compare Article 89.

[6] Concerning the taking effect, compare Article 99.

This, of course, presupposes that the declaration and the instrument of confirmation are notified to the depositary simultaneously.

[7] This period of time is necessary in order to communicate the declaration to the other Contracting States so that they are able to bring the declaration to the notice of interested economic circles. [page 384]

[8] A withdrawal of reservations is in the interest of the uniform application of the Convention and can, therefore, be made at any time. See also Article 22 of the Vienna Treaty Convention.

[9] Compare note 7. A withdrawal cannot become immediately effective because, in the interest of legal security, information to the circles involved has to be ensured.

[10] Such other declaration becomes ineffective without being withdrawn because there is no longer reciprocity.

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Pace Law School Institute of International Commercial Law - Last updated September 25, 2002
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