Globalization Of Contractual Law

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Globalization of Contractual Law

Author : Frederico Glitz
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Globalization of Contractual Law by : Frederico Glitz

Download or read book Globalization of Contractual Law written by Frederico Glitz and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can't neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn't able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Globalization of contractual law

Author : Frederico Eduardo Zenedin Glitz
Publisher : Frederico Glitz Consultoria Jurídica
ISBN 13 : 8591689925
Total Pages : 410 pages
Book Rating : 4.5/5 (916 download)

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Book Synopsis Globalization of contractual law by : Frederico Eduardo Zenedin Glitz

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Global Contract Law in the Middle East and North Africa

Author : Mohamed A. M. Ismail
Publisher :
ISBN 13 : 9781032738635
Total Pages : 0 pages
Book Rating : 4.7/5 (386 download)

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Book Synopsis Global Contract Law in the Middle East and North Africa by : Mohamed A. M. Ismail

Download or read book Global Contract Law in the Middle East and North Africa written by Mohamed A. M. Ismail and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states' contracts which are consistent with international commercial contracts' principles. It makes a powerful argument for further harmonisation of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonisation can be achieved through a number of routes, such as codification, digitalization of processes and contracts, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step to achieve legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be of interest to students and scholars in the field of international contract law, public law and international law in Egypt and MENA countries"--

Business Law in the Global Marketplace

Author : Peter Nayler
Publisher : Routledge
ISBN 13 : 0750660058
Total Pages : 271 pages
Book Rating : 4.7/5 (56 download)

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Book Synopsis Business Law in the Global Marketplace by : Peter Nayler

Download or read book Business Law in the Global Marketplace written by Peter Nayler and published by Routledge. This book was released on 2006 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is an invaluable tool for students on undergraduate and postgraduate management programmes containing elements of general and international business law. The legal dimension in managerial decisions is shown, and on-line resources provide current material to support the text.

The Politics of Private Transnational Governance by Contract

Author : A. Claire Cutler
Publisher : Taylor & Francis
ISBN 13 : 1315409569
Total Pages : 331 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis The Politics of Private Transnational Governance by Contract by : A. Claire Cutler

Download or read book The Politics of Private Transnational Governance by Contract written by A. Claire Cutler and published by Taylor & Francis. This book was released on 2017-03-31 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index

Brazilian Contract Law Contextualized in Three Globalization Periods

Author : Alice Franco
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.:/5 (625 download)

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Book Synopsis Brazilian Contract Law Contextualized in Three Globalization Periods by : Alice Franco

Download or read book Brazilian Contract Law Contextualized in Three Globalization Periods written by Alice Franco and published by . This book was released on 2004 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Features in Contract Law

Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866537263
Total Pages : 452 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis New Features in Contract Law by : Reiner Schulze

Download or read book New Features in Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.

Contractual Knowledge

Author : Grégoire Mallard
Publisher : Cambridge University Press
ISBN 13 : 131648341X
Total Pages : 431 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Contractual Knowledge by : Grégoire Mallard

Download or read book Contractual Knowledge written by Grégoire Mallard and published by Cambridge University Press. This book was released on 2016-05-26 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Grégoire Mallard and Jérôme Sgard, extends the scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, or international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.

The CISG’s attempt to unify international sales law. An assessment of its successfulness

Author : Fabian Junge
Publisher : GRIN Verlag
ISBN 13 : 3668126275
Total Pages : 20 pages
Book Rating : 4.6/5 (681 download)

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Book Synopsis The CISG’s attempt to unify international sales law. An assessment of its successfulness by : Fabian Junge

Download or read book The CISG’s attempt to unify international sales law. An assessment of its successfulness written by Fabian Junge and published by GRIN Verlag. This book was released on 2016-01-15 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Maastricht University, course: International Commercial Law, language: English, abstract: One of the main constraints on cross-border commerce has always been diverging national legal regimes. With the emergence of globalization starting in the last century it became evident that there is a need to approximate the existing rules to foster international trade. In theory, this should allow all participating actors to benefit more than ever leading in the long run to greater wealth for everyone. In 1980, 42 countries agreed on the CISG to address hindrances to the growing international trade by adopting a default uniform international framework for the sales of goods. The preamble specifies that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade”. At the time of writing, the CISG has been in force for 27 years and it is time to evaluate whether the goals the drafters had in mind have been achieved. In order to assess the successfulness of the CISG to promote a unified international sales law a multitude of factors can be taken into account. To not unduly exceed the limits of this paper the author determined three key criteria on whose basis the successfulness will be evaluated. Firstly, the acceptance of the CISG in the international community will be evaluated. Secondly, the influence of the CISG on subsequent international, regional and domestic legislation and initiatives relating to sales and contract law will be addressed. Lastly, after determining the scope of application the paper focuses on the CISG’s capacity to safeguard and foster its uniform application.

Law Making in the European Union

Author : Jan M. Smits
Publisher :
ISBN 13 :
Total Pages : 23 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Law Making in the European Union by : Jan M. Smits

Download or read book Law Making in the European Union written by Jan M. Smits and published by . This book was released on 2008 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important problem of law making in a globalizing world is how to deal with diverging national legal cultures. Since the emergence of the nation-state, law making has primarily been a task for the national legislatures and courts. They 'make' law for relatively homogeneous societies that are usually characterized by a common language and culture. As a result of increasing globalization, this is now rapidly changing. If the law is to retain its role of regulating society (be it no longer a national, but a global one), new ways of making and enforcing law have to be found. This article offers an account of how to deal with some questions caused by increasing globalization in the field of private law. This account is not a general and theoretical one, but one that is based on the experience of the European Union (EU) in the field of contract law. European contract law is thus used as paradigmatic for globalisation and private law as a whole. There is every reason to do so: the European Union has wide experience with making law for diverging jurisdictions. In addition to this, contract law can be considered one of the most important vehicles for globalization as it facilitates economic transactions.

Globalization and Local Adaptation in International Trade Law

Author : Pitman B. Potter
Publisher : UBC Press
ISBN 13 : 0774819065
Total Pages : 321 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Globalization and Local Adaptation in International Trade Law by : Pitman B. Potter

Download or read book Globalization and Local Adaptation in International Trade Law written by Pitman B. Potter and published by UBC Press. This book was released on 2011-03-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies uniformly adopting international standards, or are they adapting them to local norms and cultural values? This volume presents a new conceptual approach – the paradigm of selective adaptation – to explore and explain the reception of international trade law in the Pacific Rim. Building on a conceptual discussion of the normative and institutional contexts for international law, the contributors draw on examples from China, Japan, Thailand, and North America to show that formal acceptance of international trade standards through accession to the World Trade Organization and the General Agreement on Tariffs and Trade does not necessarily translate into uniform enforcement and acceptance at the local level. This book provides compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade law.

Global Order Beyond Law

Author : Thomas Dietz
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253920
Total Pages : 231 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Global Order Beyond Law by : Thomas Dietz

Download or read book Global Order Beyond Law written by Thomas Dietz and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.

Power and Pluralism in International Law

Author : Edward S. Cohen
Publisher : Routledge
ISBN 13 : 1000554201
Total Pages : 189 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Power and Pluralism in International Law by : Edward S. Cohen

Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Global Issues in Contract Law

Author : John A. Spanogle
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Global Issues in Contract Law by : John A. Spanogle

Download or read book Global Issues in Contract Law written by John A. Spanogle and published by West Academic Publishing. This book was released on 2007 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This supplementary text facilitates the introduction of international, comparative, and transnational legal issues into the basic contracts course. It covers status and scope of the U.N. Convention on Contracts for the International Sale of Goods (CISG), contract formation issues, formal requirements, ambiguity of contract terms, parol evidence under domestic law and under the CISG, irrevocable offers, performance and breach, and comparative and CISG approaches to remedies. It is designed to inform but not overburden the basic contracts course. It also contains carefully drafted problems and notes.

Understanding Contract Law

Author : Richard Austen-Baker
Publisher :
ISBN 13 : 9780367748081
Total Pages : 0 pages
Book Rating : 4.7/5 (48 download)

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Book Synopsis Understanding Contract Law by : Richard Austen-Baker

Download or read book Understanding Contract Law written by Richard Austen-Baker and published by . This book was released on 2022-11-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Contract Law provides an accessible, in-depth analysis of the purpose of contracting and the role of the law of contract, as well as theories that inform it. Assessing the historical development of this cornerstone of law, the book provides detailed analysis of some of the leading theoretical explanations, and how they are applied in jurisdictions throughout the world. With a new chapter examining the impact of globalization on contract law, this new edition also includes recent behavioural research around responses to contract breach. The book's accessibility is enhanced by text boxes defining key concepts and terms, and biographical notes of leading figures and scholars. This ensures that readers are able to gain a clear understanding of the narratives and theories explained in the book, and to appreciate how contract law has evolved. Uniquely, the book is not limited to one jurisdiction, making this an essential text for students wishing to expand their knowledge of this fundamental area of law around the world.

Globalization and Private Law

Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805210
Total Pages : 509 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Globalization and Private Law by : Michael Faure

Download or read book Globalization and Private Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

National Legal Systems and Globalization

Author : Pierre Larouche
Publisher : Springer Science & Business Media
ISBN 13 : 9067048852
Total Pages : 386 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis National Legal Systems and Globalization by : Pierre Larouche

Download or read book National Legal Systems and Globalization written by Pierre Larouche and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.