Expansion of Applicable Sphere: A way to Uniformity/陆栋生(11)
Meanwhile, article 2(a) of the UNCITRAL Convention, when defining “assignment”, also defines “receivables” as “an undivided interest in the assignor’s contractual right to payment of a monetary sum”. The scope of any “contractual right” is a rather broad scope, which is followed by a detail list of exclusions and limitations under which the convention does not apply. According to article 4 of the UNCITRAL Convention,
(1) The convention does not apply to assignment to an individual for his or her personal, family or household purposes;
We could find the very word in article 1(2) of UNIDROIT Convention, where when limits receivables to the field as “arising from contracts of sale of goods made between the supplier and its customers”, it excludes “those for the sale of goods bought primarily for their personal, family or household use”. But on closer examination we would find the exclusion contained in the two conventions is not the same: the UNIDROIT Convention excludes the assignment of consumer receivables from its sphere of application while the UNCITRAL Convention excludes assignment made for consumer purposes. The four kinds of possible relations are illustrated in the following chart:
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