But, in some countries,
the declarations apply only in insolvency
proceedings and while Article 39 does not give
specific guidance as to limiting the application
to insolvency, if the categories declared only
have application during an insolvency then
such a declaration should be so limited. This
is better than issuing a misleading declaration
as to legal priority that does not exist in that
jurisdiction. Even if a declaration is not limited
to insolvency proceedings, if the categories
have priority only in insolvency proceedings
in that jurisdiction, then that limitation would
apply and there would not be any greater
priority just because of the declaration. As the
Official Commentary states, ‘the Convention
may not be used as a vehicle to expand such
preferred rights’.