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Journal articles on the topic 'Commercial contract law'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Mitchell, Catherine. "Narrativising contract law." Legal Studies 29, no. 1 (March 2009): 19–46. http://dx.doi.org/10.1111/j.1748-121x.2008.00109.x.

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Socio-legal scholarship in contract maintains that the classical law is ineffective in regulating commercial agreements, and that the law should be more attentive to the role played by relational norms of cooperation and implicit understandings in business dealings. This paper explores the extent to which the parties' own narratives about their business relationship, as presented to a judge through testimony, can be both a source of information to judges about how business is conducted and a corrective to the classical contract law mindset, which favours the operation of individualist over cooperative norms in the resolution of commercial disputes. The paper examines a body of ‘law and narrative’ scholarship which underlines narrative's power to subvert traditional legal norms. It also considers some of the difficulties with relying on party narratives as evidence of the implicit dimensions of commercial agreements, but concludes that such narratives may have a role to play in the development of a more relationally constituted contract law and are thus worthy of closer scrutiny.

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2

Benson, Bruce L. "Customary law as a social contract: International commercial law." Constitutional Political Economy 3, no. 1 (December 1992): 1–27. http://dx.doi.org/10.1007/bf02393230.

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3

Cauffman, Caroline. "Book Review: Commercial Contract Law: Transatlantic Perspectives." Maastricht Journal of European and Comparative Law 21, no. 1 (March 2014): 221–22. http://dx.doi.org/10.1177/1023263x1402100112.

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4

김정후. "Development of the Law of Contract and Expansion of Commercial Contracts." kangwon Law Review 28, no. ll (June 2009): 1–23. http://dx.doi.org/10.18215/kwlr.2009.28..1.

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5

Rabello, A. M., and P. Lerner. "The Unidroit Principles of International Commercial Contracts and Israeli Contract Law." Uniform Law Review - Revue de droit uniforme 8, no. 3 (August 1, 2003): 601–29. http://dx.doi.org/10.1093/ulr/8.3.601.

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6

Cimino, Chapin F. "The Relational Economics of Commercial Contract." Texas A&M Law Review 3, no. 1 (September 2015): 91–130. http://dx.doi.org/10.37419/lr.v3.i1.4.

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Modern contract law scholarship embraces a particularly strange contradiction. On one hand, most legal scholars accept the core insight of what is called relational contract theory: most commercial contracts involve repeat players who seek to maximize wealth while still maintaining cooperative relationships. On the other hand, many of these same contract scholars believe that there is nothing contract law could or should do about it. They contend that contract law and legal theory are better off ignoring this insight, rather than trying to respond to it. This Article brings these disparate lines of contract scholarship together by introducing new information that could dramatically change how legal scholars make sense of relational contract theory. It turns out that while legal scholars have largely discounted the importance of relational contract theory, another community of scholars—working in organizational theory, marketing, and strategic management—have studied, tested, and developed its insights. As a result, they have not only empirically confirmed the presence of relational behaviors in modern contracting, but they have begun to discover the sort of data that might make it possible to better account for the economic effects of relational contracting behavior in both legal theory and contract law doctrine. This literature demonstrates that it is possible to operationalize the insights of relational contract theory in an interdisciplinary way that respects both the need for a methodologically rigorous framework and the complex nature of economic behavior. In this Article, I argue that contract law scholars should set out on that same course.

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7

Rinkes, Jac. "Optional Commercial Contract Law: Global Experiences – European Perspectives." European Journal of Commercial Contract Law 1, no. 4 (October 1, 2009): 184–93. http://dx.doi.org/10.7590/ejccl_2009_04_02.

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8

Trimarchi, Pietro. "Commercial impracticability in contract law: An economic analysis." International Review of Law and Economics 11, no. 1 (May 1991): 63–82. http://dx.doi.org/10.1016/0144-8188(91)90026-a.

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9

Tehrani, Ali Honari. "Stipulation in the International Commercial Contracts." Journal of Politics and Law 9, no. 6 (July 31, 2016): 75. http://dx.doi.org/10.5539/jpl.v9n6p75.

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<p>According to the principle of will power or will dominance and the principle of freedom to contract which have been manifested in the article number ten of the civil code the will power of individuals dominates the regulations of closing a contract and its after effects and the freedom of will power here has gained the acceptance as a principle. By closing a contract by two free wills that contract becomes binding and according to the binding principle or provision in contracts the sides of a contract will be committed to carry out the terms and content which is inserted in a contract unless it becomes terminated with by the volition of the sides of the contract themselves or due to a legal cause. Since according to the principle of freedom to contract its sides can shun from closing any contract which is an obvious violation of law, due to the same reason they can also take into consideration any condition or term which isn’t an obvious violation of law and according to the principle of binding ness of contracts the sides of them and their vicars are bound to execute the conditions which are stated in it. One of the conditions of contracts which can be considered is the condition of stipulation.</p>In the present study in addition to scratch the surface on the subject of stipulation in contracts it is expected that the theoretical aspect of the essence of stipulation gets evident, the view point of Islamic jurisprudence and the legal proceedings become stated and the issue that stipulation is claimable under what conditions and in what manner. By carry out a comparative study we get aware of the views in several legal systems toward stipulation and also its position in the private international law and the latest changes in the domain of stipulation specifically ones which are presented at the international level.

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10

Zhou, Qi. "Limits of mandatory rules in contract law: an example in agency law." Northern Ireland Legal Quarterly 65, no. 4 (February 12, 2019): 357–69. http://dx.doi.org/10.53386/nilq.v65i4.221.

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This paper uses Article 17 of the Commercial Agent (Council Directive) Regulations 1993 as an example to illustrate the regulatory limits of a mandatory rule in contract law. Article 17 aims to protect commercial agents by forcing the principal to a commercial agency contract to make a mandatory end payment to the agent on termination of the contract. This paper argues that Article 17 cannot benefit the commercial agent. Rather, it makes both the agent and the principal worse off. Based on the analysis, the paper provides four general implications for understanding the limits of the mandatory rule in policing abuse of bargaining power. First, the mandatory rule will generate a new compliance cost for the stronger party, who can pass it on to the weaker party. Second, the mandatory rule cannot benefit all of the parties aimed to be protected. It inevitably creates both winners and losers. Third, the mandatory rule cannot be used to force the stronger party to make a direct payment of money to the weaker party. Fourth, the mandatory rule may exacerbate the problem of information asymmetry in a contracting process.

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11

Ziegel, Jacob S. "Bora Laskin's Contributions to Commercial, Contract, and Corporate Law." University of Toronto Law Journal 35, no. 4 (1985): 392. http://dx.doi.org/10.2307/825535.

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12

Karton, Joshua. "The Rise of Sectorally Differentiated Contract Law." AJIL Unbound 111 (2017): 106–11. http://dx.doi.org/10.1017/aju.2017.15.

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This essay identifies an underappreciated side-effect of the increasing influence of industry associations in the development of transnational law. As the law governing commercial contracts harmonizes across territorial boundaries, it will increasingly split along boundaries between industry sectors, a phenomenon I call “sectoral differentiation.” Sectoral differentiation is largely a by-product of the growth of transnational legal orders in an environment where state laws and networks may be unable to keep pace with commercial globalization. Industry associations are not the sole drivers of sectoral differentiation, but their activities often promote it, either directly through rulemaking activities related to their particular industries, or indirectly through influence on treaty drafting and other national and international rulemaking processes.

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13

Hedley, Steve. "C.I.F. Contract—Commercial Arbitration—Acceptance of Anticipatory Breach." Cambridge Law Journal 55, no. 1 (March 1996): 14–16. http://dx.doi.org/10.1017/s0008197300097634.

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14

Moinfar, Somaye, Masoumeh Esmaeeli, Elham Taghizadeh, and Hossein Hassani. "Bank Guarantees in Iranian Law." Journal of Politics and Law 9, no. 2 (March 31, 2016): 181. http://dx.doi.org/10.5539/jpl.v9n2p181.

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<p>This paper aims at investigating bank guarantees in <em>Iranian law</em> and exploring new and different bases for the nature of bank <em>guarantees</em> that create liabilities and make accepting this legal action simpler for community members. In other words, we have been in a position to answer these questions: What is the nature of bank g<em>uarantees</em>? In other words, do bank g<em>uarantees </em>include <em>civil or </em>commercial guarantees? Finally, according to the proposed principles and introduced ideas, it seems that bank guarantees cannot act as a Civil or Commercial <em>Guarantee.</em> It should also be acknowledged that bank guarantee letter<em> </em>is an innovative financial tool that is very important in commercial contracts and in particular international contracts, because they minimize economic risk of the contract and are strong executive guaranty. In general, no contract can be executed or take effect without bank guarantees and insurance.</p>

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15

Mikhaylova, L. A. "Non-State Regulation in the Field of Cross-Border Agency Relations." Actual Problems of Russian Law 16, no. 3 (April 5, 2021): 168–76. http://dx.doi.org/10.17803/10.17803/1994-1471.2021.124.3.168-176.

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The choice of acts of non-governmental regulation as the applicable law in international commercial contracts has become a common practice. When resolving disputes between the parties, international commercial arbitration refers to non-national sources and resolves the dispute on their basis, in contrast to state courts, which excluded the application of non-state regulation as applicable law. The paper discusses the approach on the admissibility of choosing non-national sources as the applicable law in an international commercial agreement, set out in the resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2019 No. 24 "On the application of the norms of private international law by the courts of the Russian Federation." The question of the validity of expanding the principle of autonomy of the will of the parties is investigated. The author analyzes the choice-of-law clauses used in the ICC Model Commercial Agency Contract and the ITC Model Contract for an International Commercial Agency. The author concludes that there is a shift in the regulation of cross-border private law relations towards the application of non-state norms and rules when resolving disputes by state courts and the possibility of the emergence of contracts that are not subject to any legal system.

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16

Hutabarat, Samuel. "HARMONISASI HUKUM KONTRAK DAN DAMPAKNYA PADA HUKUM KONTRAK INDONESIA." Veritas et Justitia 2, no. 1 (June 21, 2016): 112. http://dx.doi.org/10.25123/vej.2068.

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<p><em>International commercial contracts are contracts closed by parties coming from different countries or made under “foreign” legal systems. Parties may have different understandings about how to read the contract and therefore it is of importance to include in the contract a provision on settlement of disputes containing choice of forum and/or choice of law. A different way to prevent conflicts and disputes stemming from the interpretation and implementation of international commercial contracts is by way of harmonization of national contract laws. Indonesia as an active member of the international (commercial) community should take the initiative to do so. In other words, revision of the existing Indonesian contract law is much needed.</em></p><p> </p><p align="right"><strong><em>Keywords</em></strong><strong><em>: </em></strong></p><em>contract, harmonize, international commercial contract</em>

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17

Murata, Toshikazu. "Is the “Insurance Contract Law” grouped into the “Commercial Law” or the “Civil Law” ?" Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE), no. 596 (2007): 133–52. http://dx.doi.org/10.5609/jsis.2007.596_133.

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18

Fentiman, Richard. "COMMERCIAL EXPECTATIONS AND THE ROME CONVENTION." Cambridge Law Journal 61, no. 1 (March 7, 2002): 1–52. http://dx.doi.org/10.1017/s0008197302381509.

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WHICH law governs a contract where none has been chosen by the parties? The solution lies in Articles 3 and 4 of the 1980 Rome Convention on the Law Applicable to Contractual Obligations. Article 3 allows a court to infer the parties’ intentions from the circumstances. But such intentions must be “real”, not presumed, and in the absence of genuine consent, Article 4 provides that the applicable law is that most closely connected with the contract. Under Article 4(2) this is (in effect) the law in force where the supplier of goods or services is located, or (if relevant) has a branch—for the supplier’s performance is invariably “characteristic” of a contract, in the sense intended by the Convention. But any clarity thereby won is immediately lost because the presumption is rebuttable under Article 4(5) whenever a contract is better connected with another law, exposing Article 4(2) to the risk of constant challenge. The presumption is especially vulnerable because it will so seldom be appropriate to apply the supplier’s law, the law of the place of performance frequently having a stronger claim to govern. Perplexingly, it is a presumption more apt to be rebutted than applied.

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19

Chongseok Shim. "Legal Characteristics and Applicability of International Commercial Contract to the Common European Contract Law." Journal of International Trade & Commerce 11, no. 4 (August 2015): 373–93. http://dx.doi.org/10.16980/jitc.11.4.201508.373.

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20

Drabiak, Katherine, Carole Wegner, Valita Fredland, and Paul R. Helft. "Ethics, Law, and Commercial Surrogacy: A Call for Uniformity." Journal of Law, Medicine & Ethics 35, no. 2 (2007): 300–309. http://dx.doi.org/10.1111/j.1748-720x.2007.00139.x.

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In July of 2005, Indianapolis witnessed streaming headlines in the local newspaper attempting to distill the confusion surrounding the adoption of two premature infants by an adoptive parent. Thirteen articles and opinion pieces introduced the public to a murky legal and ethical transaction. Stating his overwhelming desire to have children, a New Jersey schoolteacher hired the services of a local attorney. The attorney procured a South Carolina woman for a compensated gestational surrogacy contract. Under the contract, the surrogate and the attorney would meet in Indiana to complete the execution of the contract and transfer parental rights via adoption after the birth of the twins.

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21

McLauchlan, David. "A Conversation about the Contract and Commercial Law Act 2017." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 387. http://dx.doi.org/10.26686/vuwlr.v50i2.5752.

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The Contract and Commercial Law Act 2017 is the first piece of legislation prepared pursuant to the revision powers contained in the Legislation Act 2012 which allow, inter alia, for several Acts to be combined and reworded in accordance with modern language and drafting style. This article, which is written in the form of a conversation between a law student and her contract professor, seeks to evaluate the Act. The tenor of the conversation is that the Act has failed to achieve its primary purpose of making the law more accessible.

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22

Malacka, Michal. "General commercial terms and standard-form contracts in international business relations." Bratislava Law Review 2, no. 2 (December 31, 2018): 30–47. http://dx.doi.org/10.46282/blr.2018.2.2.102.

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The present paper discusses the importance of general commercial terms and business conditions as basis for the conclusion of commercial contracts. The paper describes the historical development of general commercial terms and the increasing importance of individually stipulated standard-form contracts as well as the influence of both legal sources on the contract practice in international trade. The notion “general commercial terms” (abbr. GCT) designates proposals for standard contracts as produced in many cases by neutral experts of national and international organizations, whereas the notions “terms of business” or “general terms of business” refer to standardform contracts which one party to a contract or both submit and which are accepted by the parties as basis of their negotiations. Subsequently, the advantages and disadvantages associated with the use of general commercial terms on the one hand, and individually negotiated terms of business on the other will be identified. The paper also distinguishes general contract conditions according to their types and formations, both from the point of view of international law and with regard to Czech statute law, as it is established mainly in the Civil Code. However, this paper does not only present the legal issues affiliated with the employment of general commercial terms and “parties’ terms of business”, it also focuses on the economic aspects of the use of established contract forms and conditions. Likewise, the paper is working out the areas where general commercial terms are applied in international trade and it points at important international organizations that work with, or contribute to, general commercial terms, such as the International Chamber of Commerce (ICC), the Institute for the Unification of Private Law (UNIDROIT), and the United Nations Commission on International Trade Law (UNCITRAL) etc. Thus, the work shall demonstrate the importance and indispensability of general contract terms and individually submitted and negotiated terms of business in the trade of goods, whether international or national.

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23

Dudaš, Atila. "Conformity of goods and guarantee in Hungarian law: Example of transposition of Directive 1999/44/EC by amending the general rules of contract law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 1043–64. http://dx.doi.org/10.5937/zrpfns54-29420.

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In 2002 Hungary transposed the Directive 1999/44/EC on certain aspects of sale of consumer goods and associated guarantees, by amending the Civil code of 1959, rather than integrating the rules of the Directive into the then-effective Law on the Protection of Consumers of 1997. Such an approach reveals some advantages if compared to the Serbian law. Namely, in Serbia the former Law on the Protection of Consumers of 2010 introduced special rules pertaining to conformity and guarantees in consumer sales contracts. Consequently, the need arose to limit their scope of application from the general rules of the Law on Obligations of 1978 on the conformity and guarantees. By the transposition of the rules of Directive into the Hungarian Civil code a unique set of rules on conformity and guarantees has been created that has a general scope of application. While they are applicable to all contracts, the number of special rules applicable only to consumer sales contract is in fact relatively small. Furthermore, Hungarian law provides an example of coordinated functioning of commercial and obligatory guarantees. Commercial guarantee is, like conformity, regulated uniformly in the Civil code, applicable to both consumer and non-consumer contracts. Apart from commercial guarantees, there are several obligatory guarantees in Hungarian law introduced by decrees of the government, whereby their scope of application is clear. In contrast, the legal nature and scope of application of guarantee under the Law on Obligations in Serbia became vague after the adoption of the former Law on the Protection of Consumers of 2010, which introduced commercial guarantees in consumer sale contracts. This is also one of the negative implications of the transposition of Directive 1999/44/EC into the Law on the Protection of Consumers, instead of incorporating them into the rules of general contract law. The main legislative approach adopted in the former Hungarian Civil Code has not been changed in the new Code from 2013 either: conformity and guarantee remain regulated by the general rules of contract law. Obligatory guarantees introduced by decrees of the government also remain in force. A significant novelty in the new Code is the introduction of a direct liability of the produced or consumer goods, a legislative possibility offered by Directive 1999/44/EC.

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24

Worthington, Sarah. "Equitable Liens in Commercial Transactions." Cambridge Law Journal 53, no. 2 (July 1994): 263–72. http://dx.doi.org/10.1017/s0008197300099037.

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The law describing vendor's and purchaser's liens over personal property can only be described as baffling: there are cases to “prove” and “disprove” almost any proposition. This uncertainty is surprising. A contract of sale is one of the most basic forms of commercial activity, and an equitable lien would convert a vendor or purchaser into a secured creditor by operation of law. The advantages of such a position are self-evident, yet it remains unacceptably difficult to say when such advantages accrue. Fundamental equitable principles seem to support a simple analysis of vendor's and purchaser's liens which might eliminate some of the current uncertainties. This article describes that analysis. It concludes that one party to a sale contract has a lien over identified sale property whenever, and as soon as, all the contractual obligations assumed by that party have been carried out.

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25

Al Amaren, Emad Mohammad, and Rachma Indriyani. "APPRAISING THE LAW OF WILLS IN A CONTRACT." Hang Tuah Law Journal 3, no. 1 (May 20, 2019): 46. http://dx.doi.org/10.30649/htlj.v3i1.107.

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<p>Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. Therefore, the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.</p>

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26

Abdussalam, Moshood. "Recalibrating the governance of remedial clauses in contract law." Northern Ireland Legal Quarterly 71, no. 3 (November 5, 2020): 429–55. http://dx.doi.org/10.53386/nilq.v71i3.282.

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Yawning gaps in bargaining powers between transacting parties have always been a source of concern in commercial relations and the legal governance of such relations. In modern times, the likely implications of gaps in bargaining powers are not only palpable as it concerns the affairs of transacting parties with weaker bargaining powers, but also on the welfare of society, at large. That is particularly so in this milieu of pervasive oligopolistic market structures, organised commercial networks, digitisation, and big data. The imperative to guard against the use of contractually agreed remedial clauses to consolidate market power and as tools for wealth extraction is the concern of this article. To this end, this article makes a case for a recalibration of the rule against penalties in contract law.

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27

Rühl, Giesela. "Common Law, Civil Law, and the Single European Market for Insurances." International and Comparative Law Quarterly 55, no. 4 (October 2006): 879–910. http://dx.doi.org/10.1093/iclq/lei133.

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AbstractFifty years after the foundation of the European Communities, the single market for insurances has not yet become a reality. Despite the harmonization of insurance supervision law, insurance companies still essentially refrain from cross-border activity when it comes to small commercial and consumer risks. Since this finding is usually attributed to the lack of common rules on insurance contracts, this article sets out to lay the foundation for the harmonization of the corresponding national laws. By providing a comparative analysis of two of the most pervasive issues in consumer insurance contract law, the article proves that common law and civil law are not as far apart as commonly assumed. It thus refutes the widely held belief that the insurance contract laws of common law and civil law countries are too different to be harmonized.

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28

Ariffin, Azni, and Noor Inayah Yaakub. "Unidroit Principles of International Commercial Contract as the Rules of Law Governing Cross Border Contracts." Advanced Science Letters 23, no. 1 (January 1, 2017): 478–81. http://dx.doi.org/10.1166/asl.2017.7228.

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29

Bonell, M. J., and R. Peleggi. "Unidroit Principles of International Commercial Contracts and Principles of European Contract Law : a Synoptical Table." Uniform Law Review - Revue de droit uniforme 9, no. 2 (April 1, 2004): 315–96. http://dx.doi.org/10.1093/ulr/9.2.315.

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30

Bonell, Michael Joachim. "International Investment Contracts and General Contract Law: a Place for the Unidroit Principles of International Commercial Contracts?" Uniform Law Review 17, no. 1-2 (January 2012): 141–59. http://dx.doi.org/10.1093/ulr/17.1-2.141.

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31

Kanning, Arnald J. "Unification of Commercial Contract Law: The Role of the Dominant Economy." Rabels Zeitschrift für ausländisches und internationales Privatrecht 85, no. 2 (2021): 326. http://dx.doi.org/10.1628/rabelsz-2021-0003.

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32

Poncibò, Cristina. "A contract law for future generations." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 35–56. http://dx.doi.org/10.5937/rkspp2002035p.

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While attention for the social and environmental impacts of international business is certainly not new, the past years have seen renewed interest due pressing global problems such as climate change, poverty, and human rights violations. Multinational enterprises (MNEs) are increasingly called upon to play an active role and thus contribute to a more sustainable development. Interestingly, legal scholars are studying how MNEs are adopting codes of conduct advancing sustainable development goals to rule their commercial relationships with their suppliers in global supply chains. Some of these goals are incorporated in contractual terms when the company insert sustainability contractual clauses in international supply agreements. These contractual provisions dealing with public values represent "irritant clauses" for contract theory and pose some challenging questions to contract law scholars. The article considers, in particular, the following research questions: firstly, are these contractual provisions binding and enforceable by the parties or by a third party to the contract? Secondly, are they really "part of the contract" or do they play many functions? Thirdly, do they have an impact in advancing sustainability goals? Finally, the case of sustainability contractual clauses confirms that a new, specifically intergenerational, contract theory is needed.

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33

Karton, Joshua. "Contract Law in International Commercial Arbitration: The Case of Suspension of Performance." International and Comparative Law Quarterly 58, no. 4 (October 2009): 863–96. http://dx.doi.org/10.1017/s0020589309001419.

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AbstractDespite much attention to the controversial lex mercatoria, international commercial arbitration remains underanalysed as a venue for contract law unification. This article considers a specific case of substantive contract law in arbitration, the remedy of suspension of performance: When will one party's non-performance enable the other party to withhold performance without terminating the contract? In domestic laws, suspension of performance is governed by clearly-defined doctrines; however, it remains unclear whether it constitutes a general principle of international law. This article places suspension in a comparative context, then analyses the published arbitral awards for indications of arbitrators' preferences.

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34

Kovac, Mitja. "Frustration of purpose and the French Contract Law reform." Maastricht Journal of European and Comparative Law 25, no. 3 (June 2018): 288–309. http://dx.doi.org/10.1177/1023263x18781190.

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Frustration of purpose remains one of the most ill-defined concepts in the English law of contracts. The same problem has also recently attracted the attention of the French legislature in its modernization of the Code Civil. The French reform entitles courts with broad powers to adjust the contract when unforeseen contingencies have made the bargain unduly costly. This article argues that the introduction of an economically inspired adjustment rule in English contract law should be re-considered to maintain its current superior commercial position. If implemented, then the ‘ex ante division of surplus’ should be the governing principle in adjusting contract price, because such a remedy will not affect the agreed-upon division of the surplus. Moreover, this paper suggests that the recent French reform is indeed a long-awaited step toward a more effective regulation of the notorious ‘unforeseen contingencies’ phenomena, but also suggests that further improvements might be needed. Furthermore, it offers a set of arguments suggesting that the English law in its current form might still be the preferred option in the world of international business transactions. The international commercial attractiveness of English contract law, although being challenged by the new French Civil Code, remains undisputed.

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35

Stupnikova, Lada V. "Teaching Commercial Lawyers Language Aspects of Drafting Contracts in English." Studies in Logic, Grammar and Rhetoric 49, no. 1 (March 1, 2017): 175–93. http://dx.doi.org/10.1515/slgr-2017-0011.

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Abstract The article focuses on methods of teaching commercial lawyers, whose native language is not English, some linguistic aspects of drafting a contract in English. The author, whose principal occupation is teaching legal English, has created a Course on Language Aspects of English Contract for in-service lawyers. The course is aimed at teaching learners to understand and interpret English contracts written in traditional legal English (legalese) and help them develop some drafting and redrafting techniques taking into account the modern tendency growing in English speaking common law countries towards simplifying traditional legal English. A number of contracts written in different styles have been analysed, basic contract categories each characterised by certain operative words and phrases, have been established and terminology glossary have been compiled. The purpose of this paper is to present the course’s syllabi, outline and teaching methods.

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36

Gausdal, Maria Edith Lindholm. "Breaching the Interpretative Wall between Private and Public Commercial Contracts." European Review of Contract Law 16, no. 4 (November 26, 2020): 511–32. http://dx.doi.org/10.1515/ercl-2020-0028.

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AbstractFrom a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether ‘the interpretative wall’ should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.

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Richardson, Lorna. "Commercial Common Sense Again: What Role in Contract Interpretation?" Edinburgh Law Review 25, no. 1 (January 2021): 89–94. http://dx.doi.org/10.3366/elr.2021.0674.

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Belousov, V. N. "Contract of a Commercial Concession in Russian Law: Issues of Theory and Practice." Siberian Law Herald 1 (2021): 31–37. http://dx.doi.org/10.26516/2071-8136.2021.1.31.

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The article is devoted to the analysis and resolution of problems arising during the conclusion and execution of a commercial concession agreement. The article substantiates the consideration of a commercial concession agreement as an independent type of civil contract. The criterion for the independence of this type of agreement is the presence of its own subject matter (the rightholder performing actions to grant the user the right to use a set of exclusive rights), as well as othertractors are differentiated. It is concluded that quality control of goods (works, services) produced (performed, rendered) by the user must be considered as a duty of the copyright holder, which cannot be excluded by agreement of the parties. The reasons for the absence of the legal obligation of the copyright holder to offer the user to conclude a contract for a new term are established. Special rules on termination of a commercial concession agreement are studied. The cases for motivated and unmotivated unilateral refusal of the contract are named. Specific proposals have been developed to improve the rules on a commercial concession agreement.

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Forsyth, Christopher, and Philip Moser. "The Impact of the Applicable Law Of Contract on the Law of Jurisdiction under the European Conventions." International and Comparative Law Quarterly 45, no. 1 (January 1996): 190–97. http://dx.doi.org/10.1017/s0020589300058723.

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The Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, agreed in Brussels on 27 September 1968 (and generally referred to as the Brussels Convention), has been part of English law since the coming into force of the Civil Jurisdiction and Judgments Act 1982.1 The Convention now dominates the law of jurisdiction in civil and commercial matters as well as the law governing the recognition and enforcement of foreign judgments.

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Kovač, Mitja. "Duty to renegotiate in international commercial law and uncontemplated behavioural effects." Maastricht Journal of European and Comparative Law 27, no. 4 (August 2020): 445–64. http://dx.doi.org/10.1177/1023263x20937212.

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This paper explores possible uncontemplated effects and behavioural implications created by duty-to-negotiate provisions in international instruments. More precisely, the paper considers how five different international instruments approach the subject, namely the Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC), Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL). The extent to which these international and European legal instruments correspond to recent economic and behavioural findings is examined. Moreover, an economically inspired analysis is conducted of the uncontemplated consequences of the duty to renegotiate that well-intended international lawmakers never anticipated. Further, it is suggested that game theoretical and behavioural reasons might exist for adopting a cautious approach to the duty to renegotiate in instances of unforeseen contingencies as found in the CISG as well as the English, German, US and Scottish law of contracts. JEL classification: C23, C26, C51, K42, O43

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Chung, Chan-Hyung. "A study on the Recently Reformed Korean Commercial Code (Insurance Contract Law)." Korea Financial Law Association 14, no. 1 (April 30, 2017): 79–122. http://dx.doi.org/10.15692/kjfl.14.1.4.

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42

Waddams, S. M. "'Modern Notions of Commercial Reality and Justice': Justice Iacobucci and Contract Law." University of Toronto Law Journal 57, no. 2 (2007): 331–42. http://dx.doi.org/10.1353/tlj.2007.0023.

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Hedley, Steve. "The ‘needs of commercial litigants’ in nineteenth and twentieth century contract law." Journal of Legal History 18, no. 1 (April 1997): 85–95. http://dx.doi.org/10.1080/01440369708531171.

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Moradi, Abdolrahim, and Alireza Saberian. "Ethics and Excuse in Contract Execution in Iranian Civil & Commercial Law." International Journal of Ethics & Society 3, no. 1 (April 1, 2021): 1–8. http://dx.doi.org/10.52547/ijethics.3.1.1.

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Khalid, Darawan Abdulrazzaq, and Mazin Jalal Ahmad. "Conditions And Requirements to Obtain Commercial License By An Agent to Practice Commercial Agency ( Comparative Analytical Study)." Journal of University of Raparin 8, no. 1 (March 20, 2021): 209–33. http://dx.doi.org/10.26750/vol(8).no(1).paper9.

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The commercial agency contract receives a great attention compared to the other commercial contracts. This is because of the importance of this contract in the field of commercial activity and its role in the prosperity of any countries' economy. In addition to the fact that this contract is considered a legal means in order to facilitate the dealings. Shall a client is unable to carry out his/her work by him/herself; s/he can delegate another person, an agent, to carry out the task. It is a contract whereby the commercial agent is obligated to represent his/her agent in distributing, selling, offering, or providing a commodity or service in a specific area of activity or according to the agreement, and the commercial agent exercises his work independently in return of a fee. However, the commercial agent cannot practice the profession of commercial agency except after obtaining a license to practice the profession. When reviewing the provisions of, the effective, Iraqi Commercial Agency Organization Law and the laws of comparison, we find out that there are several conditions and procedures that the commercial agent must follow to obtain a license to practice commercial agency business, otherwise it is not permissible for any person to accept agency from another person without prior permission taken from the competent authorities, failure to that, s/he will be exposed to the penalties that are stipulated in the law which regulates commercial agency. In order to inform and study aspects of the research, we divided the study into two chapters. In the first chapter, we explain the conditions that must be met by the applicant for a license to practice the business of commercial agency. While in the second chapter, we describe the procedures necessary for a commercial agent to obtain a license to practice the business of commercial agency. In the research, we came to an end with a conclusion that includes a set of conclusions and recommendations.

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Bennett, H. "Agency in the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts (2004)." Uniform Law Review - Revue de droit uniforme 11, no. 4 (August 1, 2006): 771–92. http://dx.doi.org/10.1093/ulr/11.4.771.

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Cerini, Diana. "Duties and remedies in the Principles of International Commercial Contracts (PICC) and the Principles of Reinsurance Contract Law (PRICL): notes for a comparison." Uniform Law Review 25, no. 1 (March 1, 2020): 21–44. http://dx.doi.org/10.1093/ulr/unaa001.

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Abstract I. Reinsurance in the global landscape: risks of legal uncertainty and the case for an optional law; II. Relation between the Principles of International Commercial Contracts (PICC) and the Principles of Reinsurance Contract Law (PRICL); III. Contractual duties in the PICC and PRICL; IV. Remedies; V. Conclusion.

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Al-Saadoon, Omar. "Federal Iraqi Law Applicable to Construction Contracts." Arab Law Quarterly 24, no. 1 (2010): 105–17. http://dx.doi.org/10.1163/157302510x12607945807359.

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The background and ethos of the Iraqi Federal Civil Code and its applicability to agreements relating to construction projects are explored. The article provides a lucid description of the structure of the Code setting out the essential issues that relate to a construction contract. Mr. Al-Saadoon goes on to explore a whole range of legal issues that generally arise in construction agreements, including general contract law as well as an analysis of issues of particular relevance to the construction industry, such as defects, delay, payment and liquidated damages, to name but a few. The article establishes awareness that the provisions of the Code are not wholly dissimilar to the provisions found in commercial, and in particular, construction contracts used internationally. The Code has formed the template for other Civil Codes in Middle Eastern jurisdictions such as the United Arab Emirates.

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Bartis, Előd. "A megbízási szerződés szabályozásának történeti vázlata Romániában." Erdélyi Jogélet 3, no. 1 (October 27, 2020): 5–22. http://dx.doi.org/10.47745/erjog.2020.01.01.

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The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.

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Lookofsky, Joseph. "The Limits of Commercial Contract Freedom: Under the UNIDROIT 'Restatement' and Danish Law." American Journal of Comparative Law 46, no. 3 (1998): 485. http://dx.doi.org/10.2307/840842.

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