Expansion of Applicable Sphere: A way to Uniformity/陆栋生(8)
b) Link to Contracting Party Requirement
Although internationality is required by both the two conventions, in order for the two conventions to apply, it is not sufficient that the internationality requirement is met. Both the conventions require there shall be a link with contracting party.
As in the UNIDROIT Convention, article 2(1) stipulates this convention would apply when any of the two requirements of link with contracting party are satisfied,
(a) those States and the State in which the factor has its place of business are Contracting States; or
(b) both the contract of sale of goods and the factoring contract are governed by the law of a Contracting State.
Thus, in the UNDIROIT Convention, the link to contracting party requirement is twofold: a territorial one and a legal one. The convention would apply whenever either of the two requirements is satisfied.
As for the UNCITRAL Convention, it also contains a territorial link requirement for its application in article 1(1), but different from the UNIDROIT Convention, it does not contain a legal link as article 2(1)(b) of the UNIDROIT Convention. No provisions could lead to the application of this convention when the territorial requirement is not met.
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