letter of intent in international contracting ius commune europaeum

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Letter Of Intent In International Contracting

Author : Ekaterina Pannebakker
ISBN : 1780684495
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Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of a letter of intent-the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in a letter of intent and comments on them based on thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and the United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Civil Code in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. This book is a result of doctoral research conducted at the Erasmus University Rotterdam. It will be relevant to legal practitioners working in the field of international contracts, as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices. Dissertation. (Series: Ius Commune Europaeum, Vol. 156) [Subject: International Law, Contract Law]

The Making Of European Private Law

Author : J. M. Smits
ISBN : 9789050951913
Genre : Law
File Size : 40. 11 MB
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Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).

Information And Notification Duties

Author : Ilse Samoy
ISBN : 1780683537
Genre : Law
File Size : 62. 70 MB
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Technological and economical developments require contracting parties to be informed and advised: informed about the characteristics of the services or the goods they order; well advised about their choices and options; informed about the remedies that may be used against them; and well protected from the consequences of a lack of information or notification. This book analyses several aspects of these information and notification duties. It is the result of fruitful collaboration as part of the Ius Commune Research School's Contract Law and Law of Obligations research programme. Information and notification duties were the theme of a contract law workshop during the 19th Ius Commune Conference in Edinburgh in November 2014. This book contains the proceedings of that workshop, with contributions by Sanne Jansen (Leuven), Johanna Waelkens (Leuven), Johan Vannerom (Leuven), Carien de Jager (Groningen), Joasia Luzak (Amsterdam), Gerard de Vries (Amsterdam), and Mark Kawakami and Catalina Goanta (Maastricht), with an introduction by Ilse Samoy (Leuven) and Marco B.M. Loos (Amsterdam).

Investment Treaty Arbitration And Public Law

Author : Gus Van Harten
ISBN : 0199552142
Genre : Business & Economics
File Size : 52. 89 MB
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The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.

Towards A Unified System Of Land Burdens

Author : Bram Akkermans
ISBN : 9050955851
Genre : Law
File Size : 70. 57 MB
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This book is the result of a comparative law conference on land burdens, which was held at the University of Maastricht in 2005, under the auspices of the research school Ius Commune. This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems.

Perspectives For The Unification And Harmonisation Of Family Law In Europe

Author : Katharina Boele-Woelki
ISBN : 9789050952873
Genre : Law
File Size : 41. 98 MB
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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Party Autonomy In International Property Law

Author : Roel Westrik
ISBN : 9783866539327
Genre : Law
File Size : 26. 76 MB
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Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility. This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?

The German Law Of Contract

Author : Basil S Markesinis
ISBN : 9781847312013
Genre : Law
File Size : 53. 60 MB
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Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.

Combating Desertification With Plants

Author : D. Pasternak
ISBN : 9781461513278
Genre : Science
File Size : 79. 63 MB
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The conference "Combating Desertification with Plants" was held in Beer Sheva, Israel, from November 2-5, 1999, and was attended by 70 participants from 30 countries and/or international organisations. Desertification - the degradation of soils in drylands - is a phenomenon occurring in scores of countries around the globe. The number of people (in semiarid regions) affected by the steady decline in the productivity of their lands is in the hundred millions. The measures required to halt and reverse the process of desertification fall into many categories - policy, institutional, sociological-anthropological, and technical. Although technical "solutions" are not currently in vogue, the conference organizers felt that perhaps the pendulum had swung too far in the direction of "participatory approaches." Hence IPALAC - The International Program for Arid Land Crops - whose function is to serve as a catalyst for optimizing the contribution of plant germplasm to sustainable development in desertification-prone regions - felt the time was opportune for providing a platform for projects where the "plant-driven" approach to development finds expression. Some 45 papers were delivered at the conference, falling into the categories of this volume: Overview, Potential Germplasm for Arid Lands, Introduction, Domestication and Dissemination of Arid Land Plants, Land Rehabilitation, and Mechanisms of Plant Transfer. The conference was funded by UNESCO (Division of Ecological Sciences), the Ministry of Foreign Affairs of Finland, and MASHAV, Israel's Center for International Development Cooperation.

The Effect Of A Change Of Circumstances On The Binding Force Of Contracts

Author : Rodrigo Andres Momberg Uribe
ISBN : 1780680058
Genre : Law
File Size : 31. 2 MB
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This book studies the situation where unexpected circumstances render the performance of a contract much more difficult or onerous, as well as those circumstances which frustrate the purpose of the transaction. The complexity of modern contractual relationships and, in general, of the social and economic environment, requires similar weight to be given to values other than the classical values of freedom, security, and certainty. Cooperation, solidarity, and flexibility have gained importance. In this context, the recognition of a change of circumstances as a remedy for the affected party may be considered as another aspect of the renewed importance of justice and fairness as a counterbalance to the general principle of freedom of contract. In particular, the affected party is entitled to rely on a proper set of remedies directed at the restoration of the agreement until the limit of an adequate sacrifice for the debtor, which includes the duty to renegotiate and, in the case of the renegotiations failing, the revision of the contract by the courts. Thus, the contract may be considered to be a union of balanced interests, an instrument of loyal cooperation, and a result of the mutual confidence between the parties. The study includes a comparative analysis of European and Latin American jurisdictions, as well as US contract law. In addition to national jurisdictions, the book also examines how modern model codes or restatements of international contract law deal with this problem. Because of its broad comparative analysis, this is a useful tool to national and regional legislators, as well as to judges and parties involved in cases in which a supervening and unforeseen change of circumstances has severely altered the performance of the contract. (Series: Ius Commune Europaeum - Vol. 94)

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