Expansion of Applicable Sphere: A way to Uniformity/陆栋生(15)
IV. Sphere of Application: Party Autonomy and Exclusion
Both of the conventions set forth that parties to receivables assignment may choose to exclude the application of the said conventions.
According to article 3 of the UNIDROIT Convention, The application of this Convention may be excluded:
(a) by the parties to the factoring contract; or
(b) by the parties to the contract of sale of goods, as regards receivables arising at or after the time when the factor has been given notice in writing of such exclusion.
Similarly, article 6 of the UNCITRAL Convention provides, the assignor, the assignee and the debtor may derogate from or vary by agreement provisions of this Convention relating to their respective rights and obligations. But unlike UNIDROIT Convention, which stipulates that such exclusion may be made only as regards the Convention as a whole, the UNCITRAL Convention stipulates that agreement to derogate from this convention does not affect the rights of any person who is not a party to the agreement.
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