Expansion of Applicable Sphere: A way to Uniformity/陆栋生(13)
UNIDROIT’s attitude is understandable that banks don’t want consumer receivables, for pressing for payment from individuals is, in anyway troublesome and low profit. Thus exclusion of these consumer receivables is a natural choice. UNCITRAL Convention substitute the exclusion of consumer receivables to exclusion of receivables assigned for consumer purpose, regardless of the receivables is consumer or commercial one, thus expand the sphere of application of the convention. This expansion is justified for receivables, once coming into being, shall be separated from the underlying contract for the sale of goods. No matter the goods are bought for personal purpose or for commercial purpose, debt has come into being. The convention put the emphasis on the character of receivables assignment, not the character of underlying contract.
(2) The convention does not apply to assignment as part of the sale or change in the ownership or legal status of the business out of which the assigned receivables arose
Considering the complexity in the field of business transfer and the great inconsistency among various jurisdictions, the convention thus leave this part untouched. If UNCITRAL Convention insists to regulate on this sector, it would face great difficulty when being ratified by States. For this reason, the convention chooses a careful attitude and excludes this part out of its sphere of application.
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