Virgin Islands Contract for the International Sale of Goods with Purchase Money Security Interest

State:
Multi-State
Control #:
US-04415BG
Format:
Word; 
Rich Text
Instant download

Description

The CISG governs international sales contracts if (1) both parties are located in Contracting States, or (2) private international law leads to the application of the law of a Contracting State (although, as permitted by the CISG (article 95), several Contracting States have declared that they are not bound by the latter ground). The autonomy of the parties to international sales contracts is a fundamental theme of the Convention: the parties can, by agreement, derogate from virtually any CISG rule, or can exclude the applicability of the CISG entirely in favor of other law. When the Convention applies, it does not govern every issue that can arise from an international sales contract: for example, issues concerning the validity of the contract or the effect of the contract on the property in (ownership of) the goods sold are, as expressly provided in the CISG, beyond the scope of the Convention, and are left to the law applicable by virtue of the rules of private international law (Article 4). Questions concerning matters governed by the Convention but that are not expressly addressed therein are to be settled in conformity with the general principles of the CISG or, in the absence of such principles, by reference to the law applicable under the rules of private international law.
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  • Preview Contract for the International Sale of Goods with Purchase Money Security Interest
  • Preview Contract for the International Sale of Goods with Purchase Money Security Interest
  • Preview Contract for the International Sale of Goods with Purchase Money Security Interest
  • Preview Contract for the International Sale of Goods with Purchase Money Security Interest
  • Preview Contract for the International Sale of Goods with Purchase Money Security Interest

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FAQ

By Agreement with the Debtor Security obtained through agreement comes in three major types: (1) personal property security (the most common form of security); (2) suretyshipthe willingness of a third party to pay if the primarily obligated party does not; and (3) mortgage of real estate.

The three requirements of: giving value, debtor rights in the collateral, and an authenticated security agreement apply to the most common types of collateral, such as equipment, inventory and even payments due under a contract.

Certain types of collateral must be perfected through possession: Money. The only way that a secured party may perfect its security interest in money is by possession.

Other methods of perfection of a security interest in letter-of-credit rights (such as taking possession of a letter of credit) will no longer be available. Perfection can be only by perfection in the underlying obligation (and hence in the letter-of-credit rights as support obligations) or by "control. ''

The three requirements of: giving value, debtor rights in the collateral, and an authenticated security agreement apply to the most common types of collateral, such as equipment, inventory and even payments due under a contract.

Overview. "There are only four kinds of consensual security known to English law: (i) pledge; (ii) contractual lien; (iii) equitable charge and (iv) mortgage.

The term purchase money security interest (PMSI) refers to a legal claim that allows a lender to either repossess property financed with its loan or to demand repayment in cash if the borrower defaults. It gives the lender priority over claims made by other creditors.

In order for a security interest to be enforceable against the debtor and third parties, UCC Article 9 sets forth three requirements: Value must be provided in exchange for the collateral; the debtor must have rights in the collateral or the ability to convey rights in the collateral to a secured party; and either the

Under Revised Article 9 of the UCC, electronic chattel paper may be used as collateral in a secured transaction.

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Virgin Islands Contract for the International Sale of Goods with Purchase Money Security Interest