1. However, the contract is governed by the law of the State where the buyer has his palce of business at the time of conclusion of the contract, if-a negotiations were conducted, and the contract concluded by and in the presence of the parties, in that State; orb the contract provides expressly that the seller must perform his obligation to deliver the goods in that State; or
可见,公约不是以最密切联系原则作为确定此时合同准据法的基本原则,而是首先确立了卖方营业地法原则,这主要是考虑到卖方在买卖关系中的特征性履行,仍体现了最密切联系原则作为意思自治原则的补充的精神。