Lex Mercatoria And Harmonization Of Contract Law In The Eu
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Lex Mercatoria And Harmonization Of Contract Law In The Eu
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Author : Ana M. López Rodríguez
language : en
Publisher: Djoef Publishing
Release Date : 2003
Lex Mercatoria And Harmonization Of Contract Law In The Eu written by Ana M. López Rodríguez and has been published by Djoef Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Commercial law categories.
This book addresses two main topics, lex mercatoriai - a transnational law of commerce - and contract law harmonization in the EU. Both are clear exponents of the diminishing role of the nation-state as lawmaker, and of the impact of the processes of globalization and regional integration upon the traditional system of compartmentalized and differentiated legal jurisdictions.
The Applicable Law To International Commercial Contracts And The Status Of Lex Mercatoria With A Special Emphasis On Choice Of Law Rules In The European Community
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Author : Mert Elcin
language : en
Publisher: Universal-Publishers
Release Date : 2010
The Applicable Law To International Commercial Contracts And The Status Of Lex Mercatoria With A Special Emphasis On Choice Of Law Rules In The European Community written by Mert Elcin and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
Unification And Harmonization Of International Commercial Law
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Author : Morten Fogt
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-07-18
Unification And Harmonization Of International Commercial Law written by Morten Fogt and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-18 with Law categories.
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
The Harmonisation Of European Contract Law
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Author : Stefan Vogenauer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-03-16
The Harmonisation Of European Contract Law written by Stefan Vogenauer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-16 with Law categories.
After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
The Emergence Of Eu Contract Law
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Author : Lucinda Miller
language : en
Publisher: OUP Oxford
Release Date : 2011-09-22
The Emergence Of Eu Contract Law written by Lucinda Miller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-22 with Law categories.
The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.
Theory And Practice Of Harmonisation
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Author : Mads Andenas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012
Theory And Practice Of Harmonisation written by Mads Andenas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.
The Future Of The Commercial Contract In Scholarship And Law Reform
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Author : Maren Heidemann
language : en
Publisher: Springer
Release Date : 2018-11-02
The Future Of The Commercial Contract In Scholarship And Law Reform written by Maren Heidemann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
The International Sale Of Goods Revisited
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Author : Petar Sarcevic
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-06-27
The International Sale Of Goods Revisited written by Petar Sarcevic and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06-27 with Law categories.
The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.
Research Handbook On International Commercial Contracts
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Author : Andrew Hutchison
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Research Handbook On International Commercial Contracts written by Andrew Hutchison and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
Standard Contract Terms In Europe
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Author : Hugh Collins
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Standard Contract Terms In Europe written by Hugh Collins and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.