Význam výhrady podle článku 95 pro aplikaci Úmluvy OSN o smlouvách o mezinárodní koupi zboží
The Importance of the Declaration under Article 95 for the Application of the United Nations Convention on Contracts for the International Sale of Goods

Summary/Abstract: This paper deals with the application of CISG under Article 1 (1) (b) in conjunction with the reservation under Article 95 of the Convention. This question is the most complicated problem of application of the Convention. The initial hypothesis is based on the assumption that the existence of the reservation under Article 95 of the Convention may, under certain circumstances, establish legal uncertainty for the parties. There are analysed all variants, which arise from using of two variable – location of the forum and applicable law. This paper outlines these issues, showing that a specific imperative statement that would be acceptable for all situations without reservations can hardly be achieved. Namely, there are many principles of the private and public international law in opposition to each other, though being of the same importance; and if one principle is applied, the other will necessarily have to be applied with limitations. Many experts recognised worldwide also contradict each other in this respect, e.g. Schlechtriem or Ferrari to be more specific. This facts do not speak for the maintenance of the reservation under Article 95 of the Convention.

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