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Author : Amos Shapira
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.:/5 (79 download)
Download or read book Choice-of-law in the area of commercial contracts in modern American conflict-of-laws written by Amos Shapira and published by . This book was released on 1964 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Prebble
Publisher :
ISBN 13 :
Total Pages : 902 pages
Book Rating : 4.F/5 ( download)
Download or read book Choice of Law to Determine the Validity and Effect of Contracts written by John Prebble and published by . This book was released on 1972 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mert Elcin
Publisher : Universal-Publishers
ISBN 13 : 1599423030
Total Pages : 89 pages
Book Rating : 4.5/5 (994 download)
Download or read book 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 published by Universal-Publishers. This book was released on 2010 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Maria Hook
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901027
Total Pages : 300 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Author : Oxford Editor
Publisher :
ISBN 13 : 9780198840107
Total Pages : 1392 pages
Book Rating : 4.8/5 (41 download)
Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Author : Eugene F. Scoles
Publisher : West Group Publishing
ISBN 13 :
Total Pages : 1276 pages
Book Rating : 4.F/5 ( download)
Download or read book Conflict of Laws written by Eugene F. Scoles and published by West Group Publishing. This book was released on 1992 with total page 1276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Subject Defined and Overview; The Development and Current State of Conflict-of-Laws Theories; Determining the Applicable Law; Domicile; Jurisdiction -- Preliminary Considerations and Overview; Jurisdiction Over Things (In Rem); Jurisdiction Quasi in Rem; Personal Jurisdiction; Jurisdiction Over Business Associations; Jurisdiction to Affect Matters Outside the Forum; Limitations on the Exercise of Jurisdiction; Procedure; Marriage; Marital Property; Dissolution of Marriage and its Consequences; Legitimation and Adoption; Torts; Contracts; Property; Succession; Trusts and Powers of Appointment; Probate and Administration of Estates; Corporations, Winding-up and Bankruptcy; Recognition and Enforcement of Foreign Judgments and Decrees.
Author :
Publisher :
ISBN 13 : 9789490265281
Total Pages : pages
Book Rating : 4.2/5 (652 download)
Download or read book Principles on Choice of Law in International Commercial Contrats written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9024712122
Total Pages : 432 pages
Book Rating : 4.0/5 (247 download)
Download or read book Conflicts of Law: International And Interstate written by and published by Martinus Nijhoff Publishers. This book was released on 1972 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an in-depth, comparative study of the nature of civil & commercial law & of its development in the PRC. It focuses on the very complex interrelations & interactions between Party & state policies & measures, scholars' theoretical efforts & the development of civil & commercial law, especially the development of the institutions of legal personality & of property rights in the PRC. It also analyses the underlying influences of foreign legal systems & legal theories as well as the difficulties experienced by Chinese law makers & scholars in applying these theories. The book provides fresh insights into the role of law & the transformation of Chinese civil & commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil & commercial law in contemporary China.
Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author : Sagi Peari
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author : Mads Andenas
Publisher : Springer
ISBN 13 : 9783031141072
Total Pages : 0 pages
Book Rating : 4.1/5 (41 download)
Download or read book Quo vadis Commercial Contract? written by Mads Andenas and published by Springer. This book was released on 2024-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
Author : Morris J. Levin
Publisher :
ISBN 13 :
Total Pages : 106 pages
Book Rating : 4.:/5 (778 download)
Download or read book Choice of Law Clauses in Commercial Contracts written by Morris J. Levin and published by . This book was released on 1956 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Symeon Symeonides
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 952 pages
Book Rating : 4.F/5 ( download)
Download or read book Conflict of Laws written by Symeon Symeonides and published by West Academic Publishing. This book was released on 2003 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Author : Friedrich K. Juenger
Publisher : Brill Nijhoff
ISBN 13 : 9781571053305
Total Pages : 0 pages
Book Rating : 4.0/5 (533 download)
Download or read book Choice of Law and Multistate Justice written by Friedrich K. Juenger and published by Brill Nijhoff. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains "the original text with a set of comments by experts in the field."
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Inter-American Juridical Committee
Publisher :
ISBN 13 :
Total Pages : 33 pages
Book Rating : 4.:/5 (194 download)
Download or read book American Juridical "Rules Applicable to Conflict of Laws on Commercial Contracts." written by Inter-American Juridical Committee and published by . This book was released on 1966 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 594 pages
Book Rating : 4.:/5 (111 download)
Download or read book Commercial Contract Law written by and published by . This book was released on 2013 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition"
