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Expansion of Applicable Sphere: A way to Uniformity/陆栋生(14)

(3) This Convention does not apply to assignments of receivables arising under or from: transactions on a regulated exchange, financial contracts governed by netting agreements, except a receivable owed on the termination of all outstanding transactions foreign exchange transactions, inter-bank payment systems, inter-bank payment agreements or clearance and settlement systems relating to securities or other financial assets or instruments, transfer of security rights in, sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary, bank deposits, letter of credit or independent guarantee,

In this article, the convention made a detail and exhaustive list on some receivables excluded. After reading this list carefully, one might find these exclusions are mostly in the financial fields. Since financial sector is of vital importance to the national economy and its fluctuation influences the society a lot, nearly all the States put this sector under its own jurisdiction, and different States’ regulations varies a lot. For the same reason above, the convention leave this part untouched.


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