What Is an Applicable Convention?

The Convention on the Law Applicable to Products Liability is an international convention formulated by the Hague Conference on Private International Law in 1973. Effective October 1, 1977. As of September 1, 1983, the member states were France, the Netherlands, Norway, and Yugoslavia. Belgium, Italy, Luxembourg, Portugal have signed. The purpose is to identify manufacturers, including manufacturers of finished products or spare parts, producers of natural products, suppliers of products, others in the product preparation or sales business, including repairers and warehouse managers, and the above. Agents or employees are responsible for damage caused by the product, including the law applicable to liability for damage caused by misrepresentation of the product or failure to provide a description of its quality, characteristics, or methods of use. The applicable law is used to determine the basis and scope of liability; the basis for exemption, limitation and division of liability; the types of damages that can be compensated; the form and scope of compensation; The person who claims damages; the client's liability for the acts of his agent or employee; the burden of proof and the timeliness of the product liability law rules of applicable law. ^[1]

Convention on the Application of Product Liability Law

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The Convention on the Law Applicable to Products Liability is an international convention formulated by the Hague Conference on Private International Law in 1973. Effective October 1, 1977. As of September 1, 1983, the member states were France, the Netherlands, Norway, and Yugoslavia. Belgium, Italy, Luxembourg, Portugal have signed. The purpose is to identify manufacturers, including manufacturers of finished products or spare parts, producers of natural products, suppliers of products, others in the product preparation or sales business, including repairers and warehouse managers, and the above. Agents or employees are responsible for damage caused by the product, including the law applicable to liability for damage caused by misrepresentation of the product or failure to provide a description of its quality, characteristics, or methods of use. The applicable law is used to determine the basis and scope of liability; the basis for exemption, limitation and division of liability; the types of damages that can be compensated; the form and scope of compensation; The person who claims damages; the client's liability for the acts of his agent or employee; the burden of proof and the timeliness of the product liability law rules of applicable law. ^[1]

Chinese name

Convention on the Application of Product Liability Law

Foreign name

Convention on the Law Applicable to Products Liability

Effective time

October 1, 1977

Public signature

October 2, 1973

Product Liability Law Application Convention Chinese Name: Product Liability Law Application Convention

Explanation

The Convention stipulates the scope of application of the Convention, the determination of applicable law and the content of applicable law. The so-called products in the Convention refer to all things with economic value that can be used or consumed, including natural products and industrial products. Whether it is manufactured products, raw materials, movable or immovable properties are within the scope of the Convention's products. When signing, ratifying or acceding to, a State Party has the right to remain free from the Convention. The liability of the product referred to in the Convention refers only to the liability for damages arising from the infringement. The Convention does not apply to liability in contractual relations. The Convention stipulates that the Convention applies to damage caused by the defect of the product itself, but even if the product itself is not defective, the consumer or user is harmed because the product's use method or characteristics are not described or the description is inappropriate Within the specified scope of responsibility. Damage includes personal and property damage and economic loss, but does not include damage to the product itself and the resulting economic loss. If the damage to the product itself causes other damage, it is included in the scope of product liability. According to the provisions of the Convention, when product liability involves several countries, the country where the fact of the damage occurred shall apply the domestic law of the country if: (1) the habitual residence of the direct victim; (2) the obligation to compensate Where the person's main place of business is located; (3) the market where the direct victim buys the product. However, the country where the direct victim's habitual residence is located shall apply the domestic law of the country if one of the following conditions is met: (1) where the principal office of the indemnifier is located; (2) the market where the direct victim purchases the product. If the circumstances of the case are too fragmented and there are no connecting factors that meet the above requirements, the indemnity holder may request the domestic law of the place where the fact of the damage occurred, or the domestic law of the place where the principal office of the indemnifier is located. The Convention also provides that if the liable person can prove that he cannot reasonably foresee that this product or similar products will be supplied through commercial channels at the place where the fact of the damage occurred and where the direct victim's habitual residence is located, neither law will apply. What can be applied is the law of the principal place of business of the obligor. (Guo Mingrui)