Hungary

Effective date: 1 January 1988

Declarations and reservations: Hungary has filed an Article 96 declaration. Hungary has also filed certain remarks, purportedly under Article 90.

"In accordance with articles 12 and 96 of the Convention . . . any provision of article 11, article 29 or Part II of the 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 the Hungarian People's Republic."

Comments: This is an authorized Article 96 declaration. A consequence of Article 12, among other provisions of the CISG, is that the CISG supersedes otherwise applicable requirements of form to conclude a contract for the sale of goods. A Contracting State that does not desire this files an Article 96 declaration.

Hungary has also advised that it considers the General Conditions of Delivery of Goods between Organizations of the Member Countries of the Council for Mutual Economic Assistance/GCD CMEA . . . to be subject to the provisions of article 90 of the Convention.

Comments: This appears to be an accurate statement -- setting aside the fact that the Convention does not specifically authorize Article 90 declarations. See the Cross-reference editorial analysis of Article 90 for further information on the intent of Article 90