1 two or more contracting states which have the same or closely related legal rules on matters governed by this convention may at any time declare that the convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those states 對屬于本公約范圍的事項具有相同或非常近似的法律規(guī)則的兩個或兩個以上的締約國,可隨時聲明本公約不適用于營業(yè)地在這些締約國內(nèi)的當事人之間的銷售合同,也不適用于這些合同的訂立。
The seller must provide at his own expense packaging unless it is usual for the particular trade to make the pods of the contract description avail-able unpacked which is required for the transport of the goods, to the extent that the circumstances relating to the transport for example modal-ities, destination are made known to the seller before the contract of sale is concluded 賣方必須自付費用提供按照賣方在訂立合同前已知的有關(guān)該貨物運輸如運輸方式目的地所要求的包裝除非按照相關(guān)行業(yè)慣例,合同所指貨物通常無需包裝。包裝應作適當標記。
2 a contracting state which has the same or closely related legal rules on matters governed by this convention as one or more non-contracting states may at any time declare that the convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those states 對屬于本公約范圍的事項具有與一個或一個以上非締約國相同或非常近似的法律規(guī)則的締約國,可隨時聲明本公約不適用于營業(yè)地在這些非締約國內(nèi)的當事人之間的銷售合同,也不適用于這些合同的訂立。
Any provision of article 11, article 29 or part ii of this convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in a contracting state which has made a declaration under article 96 of this convention . the parties may not derogate from or vary the effect or this article 本公約第十一條第二十九條或第二部分準許銷售合同或其更改或根據(jù)協(xié)議終止,或者任何發(fā)價接受或其它意旨表示得以書面以外任何形式做出的任何規(guī)定不適用,如果任何一方當事人的營業(yè)地是在已按照本公約第九十六條做出了聲明的一個締約國內(nèi),各當事人不得減損本條或改變其效力。
The seller must provide at his own expense packaging unless it is usual for the particular trade to send the goods of the contract description unpacked which is required for the transport of the goods, to the extent that the circumstances relating to the transport for example modalities, destination are made known to the seller before the contract of sale is concluded 賣方必須自付費用提供按照賣方在訂立銷售合同前已知的有關(guān)該貨物運輸如運輸方式目的地所要求的包裝除非按照相關(guān)行業(yè)慣例,合同所述貨物通常無需包裝發(fā)運。包裝應作適當標記。
A contracting state whose legislation requires contracts of sale to be concluded in or evidenced by writing may at any time make a declaration in accordance with article 12 that any provision of article 11, article 29, or part ii of this convention, that allows a contract of sale or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing, does not apply where any party has his place of business in that state 第九十六條本國法律規(guī)定銷售合同必須以書面訂立或書面證明的締約國,可以隨時按照第十二條的規(guī)定,聲明本公約第十一條第二十九條或第二部分準許銷售合同或其更改或根據(jù)協(xié)議終止,或者任何發(fā)價接受或其它意旨表示得以書面以外任何形式做出的任何規(guī)定不適用,如果任何一方當事人的營業(yè)地是在該締約國內(nèi)。
A contracting state whose legislation requires contracts of sale to be concluded in or evidenced by writing may at any time make a declaration in accordance with article 12 that any provision of article 11, article 29, or part ii of this convention, that allows a contract of sale or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing, does not apply where any party has his place of business in that state 第九十六條本國法律規(guī)定銷售合同必須以書面訂立或書面證明的締約國,可以隨時按照第十二條的規(guī)定,聲明本公約第十一條第二十九條或第二部分準許銷售合同或其更改或根據(jù)協(xié)議終止,或者任何發(fā)價接受或其它意旨表示得以書面以外任何形式做出的任何規(guī)定不適用,如果任何一方當事人的營業(yè)地是在該締約國內(nèi)。
If, in accordance with the provisions of this convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this convention 如果按照本公約的規(guī)定,一方當事人有權(quán)要求另一方當事人履行某一義務(wù),法院沒有義務(wù)做出判決,要求具體履行此一義務(wù),除非法院依照其本身的法律對不屬本公約范圍的類似銷售合同愿意這樣做。