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Reproduced with the permission of Oceana Publications

Article 100 [Date of application]

(1) This Convention applies to the formation [1] of a contract only when the proposal for concluding the contract is made on or after the date when the Convention enters into force in respect of the Contracting States referred to in subparagraph (1)(a) or the Contracting State referred to in subparagraph (1)(b) of article 1.

(2) This Convention applies only to contracts [2] concluded on or after the date when the Convention enters into force [3] in respect of the Contracting States referred to in subparagraph (1)(a) or the Contracting State referred to in subparagraph (1)(b) of article 1.

[COMMENTARY]

[1] In order to be applied to the formation of contracts, it is not sufficient that a sales contract was concluded after the Convention enters into force for the Contracting States concerned (for both when the parties to the sales contract have their place of business in Contracting States, and/or for one Contracting State whose law is applicable on the basis of reference to the conflict-of-law rules), rather the offer must have been made already after the entry into force of the Convention.

[2] For the contracts to be applied, it will suffice that the statement of acceptance has reached the offeror after the entry into force of the Convention.

[3] Article 100 is in accord with Article 28 of the Vienna Treaty Convention which stipulates that international treaties are non-retroactive. [page 389]

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