The Importance of the Declaration According the Article 95 for the Application of the CISG

This paper deals with the issues of personnel and territorial aspect of the application of the Convention. There will be analysed especially Article 1 and Article 95 of the Convention. Article 1 (1) of the Convention defines the basic conditions of application, based first in determining the requirement of internationality of the purchase agreement and second in the determination of two alternative criteria, which are established in point. a) and b).
Art. 95 of the Convention is a reservation relating to the point. b). This reservation made also the Czech Republic. Reservation causes application problems that are not satisfactorily resolved. The issue is complicated and first there must be introduced a more general introduction. This article is therefore designed as an introductory. There will be briefly discussed the historical background of the reservation. There are analyzed the objections against the wording of Article 1 (1) (b). There will be briefly discussed the general issues of application of the Convention. Finally, this paper deals with the basic method of application of the Convention under Article 1 (1) (a).