--- title: "\"Конвенция о законе, применимом к передаче права собственности при международной купле-продаже товаров\" [рус., англ.]" status: действует canonical: "https://bukva.ai/docs/konventsiya-o-zakone-primenimom-k-peredache/statya-15" --- # Статья 15 ### Статья 15 Настоящая Конвенция действует в течение пяти лет, считая с даты, указанной в первом абзаце статьи 12 настоящей Конвенции. Этот срок начинается с этой даты даже для государств, которые ратифицируют Конвенцию или присоединятся к ней позднее. Конвенция возобновляется по молчаливому согласию на последующие пятилетние периоды, если она не будет денонсирована. Уведомление о денонсации должно быть представлено по крайней мере за шесть месяцев до истечения срока ее действия Министерству иностранных дел Нидерландов, которое извещает об этом все остальные Договаривающиеся государства. Денонсация может быть ограничена территориями или некоторыми из территорий, указанных в извещении, сделанном в соответствии со [вторым абзацем](https://bukva.ai/docs/konventsiya-o-zakone-primenimom-k-peredache/statya-13#p100052) статьи 13. Денонсация действительна только в отношении денонсирующего государства. Конвенция остается в силе для всех остальных Договаривающихся государств. В удостоверение чего нижеподписавшиеся, должным образом уполномоченные, подписали настоящую Конвенцию. Совершено в Гааге 15 апреля 1958 года в одном экземпляре, который будет храниться в архивах правительства Нидерландов и заверенные копии которого будут препровождены по дипломатическим каналам каждому государству, представленному на восьмой сессии Гаагской конференции по международному частному праву, а также государствам, которые присоединятся к Конвенции позднее.
[translation] <*>
**ON THE LAW APPLICABLE** **TO THE TRANSFER OF TITLE IN INTERNATIONAL** **SALES OF GOODS** (Hague, 15.IV.1958) The States signatory to the present Convention; Desiring to establish common provisions concerning the law governing the transfer of title in international sales of goods; Have resolved to conclude a Convention for this purpose and have agreed to the following provisions: --- <*> Translation in American Journal of Comparative Law, vol. 5, 650 - 653, October 1956. Translators: Prof. Willis L. M. Reese and Dr. Charles Szladits. Reproduced with permission. The present Convention applies to international sales of goods. It does not apply to sales of securities, to sales of ships or of registered boats or aircraft to sales upon judicial order or by way of execution. It applies to sales based on documents. For the purposes of application hereof, contracts to deliver goods to be manufactured or produced are assimilated to sales, if the party who assumes delivery is to furnish the necessary raw materials for the manufacture or production. The mere declaration of the parties, relative to the application of a law or the jurisdiction of a judge or arbitrator, is not sufficient to confer upon a sale international character in the sense of the first paragraph of this article. The law governing the contract of sale determines as between the parties: (1) the time to which the seller is entitled to the products and fruits of the goods sold, (2) the time to which the seller bears the risks relating to the goods sold, (3) the time to which the seller is entitled to damages relating to the goods sold, (4) the validity of clauses reserving title to the goods in the seller. Subject to the provisions of Sections 4 and 5: The transfer to the buyer of title to the goods sold with respect to all persons other than the parties to the contract of sale is governed by the internal law of the country where the goods were located at the time when a claim was made concerning them. The buyer, however, retains a title which has been recognized as belonging to him by the internal law of one of the countries where the goods sold were previously located. Moreover, in the case of a sale based on documents where the documents represent the goods sold, the buyer retains a title which has been recognized as belonging to him by the internal law of the country where he received the documents. Whether the rights of an unpaid seller in the goods sold can be asserted against the creditors of the buyer, such as liens and the right to possession or ownership, particularly through an action of rescission or a clause of reservation of title, is governed by the internal law of the country where the goods sold were located at the time of the first claim or attachment concerning such goods. In case of a sale based on documents where the documents represent the goods sold, whether the rights of an unpaid seller to such goods can be asserted against the creditors of the buyer is governed by the internal law of the country where the documents are located at the time when the first claim or attachment concerning them occurs. The rights which a buyer can assert against third persons who claim title or another real right in the goods sold are governed by the internal law of the country where the goods were located at the time of such claim. The buyer, however, retains any rights which have been recognized as belonging to him by the internal law of the country where the goods sold were located at the time when he was put in possession. In the case of a sale based on documents where the documents represent the goods sold, the buyer retains the rights which have been recognized as belonging to him by the internal law of the country where he received the documents, subject to the rights granted by the internal law of the country where the goods are located to third persons who are presently in possession of said goods. Except for the application of paragraphs 2 and 3 of the preceding article, goods sold which are in transit in the territory of a country, or outside the territory of the State, are considered to be located in the country from which they were sent. In each of the contracting States, the application of the law determined by the present Convention may be excluded on a ground of public policy (ordre public). The contracting States have agreed to incorporate the provisions of articles 1 - 7 fo the present Convention in the national law of their respective countries. The present Convention does not affect Conventions concluded or which may be concluded by the contracting States concerning the recognition and the effects of a bankruptcy declared in one of the States a party to such a Convention. At the time of the signature or ratification of the present Convention or at the time of adhesion, the contracting States may reserve the faculty: a) to restrict the application of article 3 to the rights of the buyer as against creditors of the seller, as well as to replace the words "at the time when a claim was made" by the words "at the time of a claim or an attachment"; b) not to apply the provisions of article 5. The present Convention is open for the signature of the States represented at the Eighth Session of The Hague Conference on Private International Law. It shall be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of The Netherlands. A proces-verbal shall be made of every deposit of instruments of ratification, a duly certified copy whereof shall be transmitted, by diplomatic channels, to each of the signatory States. The present Convention shall enter into effect on the sixtieth day from the deposit of the fifth instrument of ratification contemplated by article 11, paragraph 2. As respects each signatory State, subsequently ratifying the Convention, it shall enter into effect on the sixtieth day from the date of the deposit of its instrument of ratification. The present Convention applies as of course to the metropolitan territories of the contracting States. If a contracting State desires extension hereof to all its other territories, or to those of its other territories for the international relations of which it provides, it shall notify its intention to such effect by a document which shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall transmit by diplomatic channels a duly certified copy thereof to each of the contracting States. The present Convention shall enter into effect for such territories on the sixtieth day after the date of the deposit of the act of notification above mentioned. It is understood that the notification contemplated by paragraph 2 of the present article shall have effect only after the coming into force of the present Convention, pursuant to article 12, first paragraph. Any State not represented at the Eighth Session of The Hague Conference on Private International Law may adhere to the present Convention. A State desiring to adhere shall notify its intention by a document which shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall transmit by diplomatic channels a duly certified copy to each of the contracting States. The Convention shall enter into force for the adhering State on the sixtieth day after the date of the deposit of the act of adhesion. It is understood that the deposit of the act of adhesion shall take effect only after the coming into force of the present Convention, pursuant to article 12, paragraph 1. The present Convention shall have a duration of five years starting from the date indicated in article 12, first paragraph, of the present Convention. This period shall commence to run from such date, even for States which shall have ratified it or adhered hereto subsequently. The Convention shall be renewed tacitly every five years, in the absence of denunciation. A denunciation must be notified, at least six months before the expiration of the period, to the Ministry of Foreign Affairs of The Netherlands, which shall give notice thereof to all the other contracting States. The denunciation may be limited to the territories, or to certain of the territories, indicated in a notification made pursuant to article 13, paragraph 2. The denunciation shall have effect only as respects the State which shall have given notice thereof. The Convention shall remain in effect for the other contracting States. In witness whereof, the undersigned, duly authorized, have signed the present Convention. Done at The Hague, the 15 April 1958, in a single copy, which shall be deposited in the archives of the Government of The Netherlands, and of which a duly certified copy shall be transmitted, by diplomatic channels, to each of the States represented at the Eighth Session of The Hague Conference on Private International Law, as well as to States adhering subsequently. ---