Expansion of Applicable Sphere: A way to Uniformity/陆栋生(10)
For the condition where the parties involved have multiple places of business, the two conventions also make different provisions on it. The UNIDROIT Convention solves the problem of identifying the place of business by referring to “the place of business which has the closest relationship to the relevant contract and its performance.” However, the UNCITRAL Convention refers to the “place where its central administration is exercised”. Using the place of “central administration” to substitute for the place “has the closest relationship to the relevant contract and its performance”, the UNCITRAL Convention chooses a more fixed and stable connecting point, which could increase the predictability a lot.
c) Requirement on the Receivables Assigned
The UNIDROIT Convention defines receivables as “arising from a contract of sale of goods between a supplier and a debtor” and supplements that "goods" and "sale of goods" in this convention shall include services and the supply of services. Obviously, the UNIDROIT Convention would apply when the receivables assigned are arising from contracts of sale of goods and supply of services.
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