Legitimite Et Autonomie Des Principes Dunidroit Relatifs Aux Contrats Du Commerce International Microforme

Author : Ralph Mercedat
Publisher :
ISBN 13 :
Total Pages : 282 pages
Book Rating : 4.:/5 (615 download)

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Download or read book Légitimité et autonomie des principes d'UNIDROIT relatifs aux contrats du commerce international written by Ralph Mercedat and published by . This book was released on 2003 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This thesis analyses three issues raised by the application of the general principles of law to commercial arbitration. First, it is essential to assess the core and the substance of the general principles of law. Our first hypothesis purports that the UPICC reduces considerably the uncertainty of the general principles of law in international trade. Secondly, an analysis of the nature of the UPICC is needed, in order to determine whether they have the essential features of a transnational norm and can thus escape the application of national legal norms. We will thus analyse the existing mechanisms to assure the autonomy, of PUCCI, from national law. Thirdly, we will analyse the legitimacy of the UPICC. In doing so, we shall refer to the concept of reflexive legimitacy, a legitimacy obtained through the consensus of the merchant community. This reflexive legitimacy over the UPICC is generally admitted. Two rules within the UPICC, however, raise doubts and concerns over their acceptability in the merchants' community: the hardship and the gross disparity provisions. (Abstract shortened by UMI.)" --