Expansion of Applicable Sphere: A way to Uniformity/陆栋生(12)
Receivables Assignment Which convention may govern
Consumer Receivables For consumer purpose Neither
Consumer Receivables For Commercial purpose UNCITRAL Convention
Commercial Receivables For consumer purpose UNIDROIT Convention
Commercial Receivables For Commercial purpose Both
The first situation is not difficult to understand where the consumer receivables are assigned for consumer purpose. It’s a general practice that international convention does not regulate on pure personal matters, let alone the UNCITRAL is an organization under the United States concentrating on international trade matters; Under the second situation, where consumer receivables are assigned for commercial purpose, it cannot be governed by the UNIDROIT Convention, but still could be subject to the UNCITRAL Convention; Under the third situation, where commercial receivables are assigned for consumer purpose, logically the UNDROIT Convention shall govern, but considering the UNDROIT Convention is a convention on international factoring, where factors are all banks and other financial institutions, the receivables are not possible to be assigned for consumer purpose, so this situation does not exist; Under the last situation where commercial receivables are assigned for commercial purpose, both of the conventions may be applied.
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