КОНВЕНЦИЈА O ЗАСТАРЕЛОСТИ У ОБЛАСТИ МЕЂУНАРОДНЕ ПРОДАЈЕ ТЕЛЕСНИХ ПОКРЕТНИХ СТВАРИ
THE CONVENTION ON LEGAL EXPIRATION IN THE FIELD OF INTERNATIONAL SALE OF PHYSICAL MOVABLE PROPERTY

Summary/Abstract: The Draft Convention on Legal Expiration In The Field Of International Sale Of Physical Movable Property has been worked out by the United Nations Commission for Commercial Daw. This Convention has 46 articles grouped into four sections: the first section bears the title „General Provisions” and contains regulations concerning time limits, the period of legal expiration and possible incidents (Articles 1-29) ; the second section contains measures which the states signatories are under the duty to undertake for the implementation of the Convention (Articles 30-32) ; the third section contains rules concerning possible declarations and reserves (Articles 33-38) the fourth section contains the closing articles. This Convention undeniably has lesser significance than the Hague Conventions on Sale from 1955. and 1964., The question of legal expiration is certainly not of predominant significance in the entire matter of sales contracts. But it is still very important for trade and the field of obligations as a whole. In trade and in the public the main benefit from the institution of legal expiration is not that it sets a time limit for the performance of creditor’s rights and relieves the debtor of his obligations, although this feature of legal expiration has been pronounced during work on the text of the Convention. Its main purpose and benefit lies in the fact that it is much easier for the debtor to reject any repeated claim for payment on part of the creditor referring Simply to the lapse of a period of set time, naturally if he has already settled his obligations, therefore, he is not called upon to produce evidence of settlement of his obligations and to file it away for that purpose alone The work on this Convention has met with many difficulties. Among others, the fact that individual legal systems have separate institutions founded on different concepts. In addition to that, concepts and terms 'in individual legal systems are diverse. It also happens that one concept is given diverse substance in individual legal systems. And in addition, the members of the Commission in the tendency ved so it may well be said that this Convention' is not the model of total clarity.

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