Relevant bibliographies by topics / Contracts, International

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Contracts, International'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Contracts, International"

1

Shojaei, Abdorreza. "Validity of Open Contract in International Trade Law." Journal of Politics and Law 10, no. 2 (February 28, 2017): 241. http://dx.doi.org/10.5539/jpl.v10n2p241.

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Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definition of this type of contract could be a major driver of reform in Iranian contract laws, as Iranian community prefers to use example or pre-specified forms of contracts. Therefore, referring to the Principles of European Contract Law and implementation of the legal provisions, legal doctrines, and jurisprudence, presentation of new concepts such as open contract as well as analysis of its nature, validity, and effects leads to establishment of grounds for accepting new contractual frameworks and its localization of contractual rights in Iran because it has been rejected due to traditional perspectives. It may result in legislation to pave the way for solving many legal problems in specialized issues such as oil contracts. In this regard, in addition to genealogy of open contract, this article aims to examine its types and its effects legally in the laws of countries like Iran and European countries.
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Dobiáš, Petr. "Group Insurance and Reinsurance Business in the Legal Relations with an International Element." International and Comparative Law Review 16, no. 2 (December 1, 2016): 209–20. http://dx.doi.org/10.1515/iclr-2016-0025.

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Summary Currently, no internationally unified legal regulation of group insurance contracts and reinsurance contracts is available. As a result, a national legal regulation determined according to conflict-of-law rules is applied to both types of contracts in legal relations with an international element. The differences between national legal regulations could be overcome through the application of optional instruments, namely the Principles of the European Insurance Contract Law and the Principles of Reinsurance Contract Law.
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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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Carmichael, David G., and John P. Karantonis. "Construction contracts with conversion capability: a way forward." Journal of Financial Management of Property and Construction 20, no. 2 (August 3, 2015): 132–46. http://dx.doi.org/10.1108/jfmpc-10-2014-0022.

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Purpose – The purpose of this paper is to explore the role and viability of changing contract terms as a project progresses and to offer an original analysis in this respect. Commonly, projects start out with broadly defined information, and this gets refined as the project progresses. This suggests that a prudent approach would be to tailor the contract between the project owner and the project contractor to the project stage, with conversions along the way. Information asymmetry between owner and contractor also suggests the need to tailor a contract to a project ' s situation. Design/methodology/approach – An original method of analysis of the conversion of contract terms within projects is given, along with discussion on the risk transfer between owner and contractor, the common law issues associated with implementing such conversions, any compensation that the owner might need to pay, the timing of the conversion and associated practical implementation issues. The paper, for definiteness, concentrates on construction contracts with conversion between payment types, but the paper’s approach applies to all contracts and all terms within contracts. Findings – The paper provides a readily usable method for analysing the value of having a convertible contract, couched within acceptable common law practice. Practical implications – The paper offers a novel method and framework usable by practitioners for establishing the value of convertibility within a contract. Having convertibility within a contract can be shown to offer benefits to both contracting parties. Originality/value – The idea of having flexible contracts is not new, but, hitherto, a rational method of analysing their value has been missing. This paper gives an original analysis of contracts with conversion capabilities. Current literature does not deal directly with the matter addressed in the paper.
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Ustinovičius, Leonas, Algirdas Andruškevičius, Vladislavas Kutut, Robert Balcevič, and Arūnas Barvidas. "VERBAL ANALYSIS OF ENGINEERING AND CONSTRUCTIONAL SOLUTIONS." Technological and Economic Development of Economy 11, no. 3 (September 30, 2005): 220–31. http://dx.doi.org/10.3846/13928619.2005.9637702.

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The construction contracts which meet the interests of all the sides involved are the core element of every successful constructural project. That is why the advise of how to sign the accurate and effective contract has growing importance. International construction contractors are often faced with the situation of working in unfamiliar construction environment. One potential source of risk is the contractual requirements embodied in the general conditions of contracts. Authors aim to analize construction contracts being used and to define their effectiveness using the method of verbal analysis.
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Ustinovičius, Leonas, Algirdas Andruškevičius, Vladislavas Kutut, Robert Balcevič, and Arūnas Barvidas. "VERBAL ANALYSIS OF CONTRACTS OF ENGINEERING AND DESIGN OF BUILDINGS." Technological and Economic Development of Economy 11, no. 1 (March 31, 2005): 36–49. http://dx.doi.org/10.3846/13928619.2005.9637681.

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As Lithuania became a member of the International Federation of Consulting Engineers (FIDIC) in 2004 it is obvious that engineering consultancy activity will grow in the country in the nearest future. The constructural contracts which meet the interests of all the sides involved is the core element of every successful constructural project. That is why the advise how to sign an accurate and effective contract is of great importance. International construction contractors are often faced with the situation of working in unfamiliar construction environment. One potential source of risk is the contractual requirements embodied in the general conditions of contracts.Authors aim to analize constructural contracts used by FIDIC members and define the effectiveness of the contracts using the method of verbal analysis.
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Varavenko, Victor Evgenyevich. "Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement." Право и политика, no. 8 (August 2020): 8–17. http://dx.doi.org/10.7256/2454-0706.2020.8.33009.

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The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 &ndash; conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for &ldquo;turnkey projects&rdquo; and norms of the Federal Law &ldquo;On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.
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Khatchadourian, Minas. "Legal Safeguards in Egypt's Petroleum Concession Agreements." Arab Law Quarterly 22, no. 4 (2008): 387–96. http://dx.doi.org/10.1163/157302508x374410.

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This article deals with the concession contracts for the exploration and the production of oil and gas in Egypt. Such tripartite contracts are concluded between the Government of Egypt (GOE) as the host country, a National Oil Company (NOC) as the concession holder and an international oil company (IOC) as the foreign contractor who receives a part of the oil or gas production on a production sharing agreement (PSA). From an Egyptian legal perspective, this contract is qualified as a State contract which is supposed to give the Government some exorbitant powers towards its counterparts. However, in order to attract foreign investors into this kind of agreement and encourage international oil companies to explore natural resources, several legal safeguards are incorporated in the concession agreement. Examples of this include placing the contract in the framework of a legislative act, granting the contract a supremacy on any contrary legislation, stabilization clause, adaptation of the contract through renegotiation, arbitration clause, etc.
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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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Sahlan, Sahlan. "Preparation of International Business Contracts in Facing the ASEAN Economic Community Era." Hasanuddin Law Review 2, no. 3 (December 26, 2016): 425. http://dx.doi.org/10.20956/halrev.v2i3.702.

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This article reviews the preparation for composing and formulating the international business contracts in facing the ASEAN Economic Community era. The study used the normative approach by collecting the materials related to the international business contracts. The outcomes of the research indicate that constitutionally, the Indonesian government must provide protection and equitable legal certainty for Indonesian citizens who intend to conduct business transactions within the framework of AEC. Format and writing techniques of international business contracts is compulsory known by the business people and their legal consultants that they do not suffer losses due to errors in the preparing of contract that violates the rules and provisions of international business contract.
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Dissertations / Theses on the topic "Contracts, International"

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Ackerman, David T. "International contracts a quantitative analysis of transnational contract formation." Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/8.

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Globalization is the promise of the future, and it presents, quite literally, a world of opportunities not available in the past. International collaborations in science, research, and business now enjoy increased probabilities of success, in part, because of the advance in technology and the possibility of instantaneous communications. The convenience, simplicity and affordability of technology are helping to make the world accessible to almost everyone. With new availability of international concerns and the growth of global partnerships in all areas of interest, an increased need arises for agreements that memorialize collaborators' commitments, responsibilities and obligations. There is a corresponding concern that the agreements be enforceable across national and international lines should anything go wrong. There is no collaboration, partnership or venture that will not be touched in some way by the law. Whose law governs and how rules and regulations of different nations will be applied are of escalating concern. Empirically examining the state of international contract law is the overarching focus of my research. Adopting a research methodology involving both quantitative and qualitative techniques, I am investigating whether any consistency exists between attorneys of different practice sectors (academic, government, corporate and private) considering choice of law, enforcement of contract provisions, and the inclusion of preventative measures of international contracts. My results contribute to the future success of international collaborations of all concerns by empirically identifying the need for increased education on various dispute resolution options, as well as the effect cultural awareness has on the drafting of international contracts.
ID: 030476559; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Accepted in partial fulfillment of the requirements for honors in the major in Legal Studies.; Thesis (B.A.)--University of Central Florida, 2011.
B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Yigit, Muhammet Alper. "Contract Management Behavior Of Turkish Construction Companies In International Contracts." Master's thesis, METU, 2009. http://etd.lib.metu.edu.tr/upload/12610374/index.pdf.

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Contract management starts with the contract negotiations and lasts until the end of the contract, and is the process that covers three fundamental functions required to compensate the goals of the project
Relationship Management, Project Delivery, and Administration of the contract. This thesis focused on investigating contract management behavior of Turkish construction companies in international projects. A survey was composed and interviewed with professionals for investigating the contract management behavior of contractors. The survey aimed to investigate
factors influencing contractors&rsquo
behaviors, key success factors for contract management, company contract management organizations, claim issues, and conflict and dispute resolution behavior of firms. 51 companies participated to the survey. The survey results revealed that Turkish contractors consider contract management to be significant for success at international markets. Contractors are aware of the need for a continuous contract management application although this rate cannot be achieved in practice. Considering awareness as a driving factor for improvement it can be estimated that in future Turkish contractors will be managing their contracts in more efficient, organized and systematic ways than today. Results revealed that
contract management behaviors are mostly affected by the risk and complexity of the project, regular contract process is the most impactful process on the success, and change order requests of the owners are the most frequent reasons of claims. According to respondents contract management can reduce number of conflicts and disputes.
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Meidell, Andreas. "International contracts and currency fluctuations /." Oslo : Cappelen Akademisk Forl, 2007. http://www.gbv.de/dms/zbw/55551854X.pdf.

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Al, Shamsi Abdulla Rashid Obaid. "Arbitration in international administrative contracts and administrative contracts with international dimensions in the UAE." Thesis, Liverpool John Moores University, 2017. http://researchonline.ljmu.ac.uk/7456/.

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This is a study on some controversial legal aspects of resorting to arbitration in disputes concerning administrative contracts with an international dimension – i.e. contracts between public authorities in the United Arab State (UAE) and foreign companies, as well as contracts concluded between local parties but indirectly generate results of international dimensions. In this study, I have adopted a descriptive methodology, meticulously describing the legislative and judicial status in the UAE compared to those of both Egypt and France. In addition, I have also resorted to an analytical approach to provide a concise analysis of the essence of legal provisions guided by the established jurisprudence and judicial opinions. Finally, I used the comparative approach to draw parallels and difference within the legislature and the judiciary between three legal systems, with an eye at making use of relatively advanced legal systems. According to the above, and through utilizing the three research methods mentioned, (the descriptive, analytical and comparative), we attempted to analyze the various relevant jurisprudence and judicial opinions, together with court rulings and legislative provisions. The ultimate objective is to draw scientific results from the detailed evidences drawn from the selected rulings, as well as deciding on the position of both local and international jurisprudence and judiciary on this regard. This is to consolidate the theoretical positions with existing practice. At the outset of the thesis (chapter one) this study begins with a discussion of the main concepts of the constitutional system of the United Arab Emirates (UAE), with an explanation of the federal structure of the state and the nature of the UAE system of government. This is important because this study is mainly concerned with the UAE. This is followed by an illustration of the principles of administrative law within the UAE state. The study shows that the judicial system of the UAE state adopts a unitary judicial system whereby the same courts have jurisdiction on all sorts of disputes, both on disputes arising from administrative law and administrative contracts, as well as on disputes arising between private persons. This would unify the rules that apply to all disputes relating to the administration including administrative contracts with international dimensions. (Chapter two) attempts to define the concept of the administrative contract; the main focus of this study, and the criteria for distinguishing it from other types of contracts. It is concluded that the distinctive criteria for administrative contracts in the UAE are that: (i) one party to a contract shall be a public persona (such as the state, city authorities or municipalities); (ii) the contract shall be connected to the running or organization of a public facility (such as public institutions and authorities, security organizations and educational institutions) and (iii) it shall include exorbitant conditions which are unfamiliar in private law contracts. This distinction would help determining the nature of the legal rules to be applied on settlement of disputes, whether pertaining to the rules of administrative law or those of private law. (Chapter three) displays and critically reviews the main ideas related to arbitration in administrative contracts and shows the reservations and disadvantages that might arise from resorting to arbitration in this field. (Chapter four) This study comes to a number of conclusions in relation to these reservations and disadvantages. Despite the great importance of resorting to arbitration in administrative contracts as a speedy and distinctively confidential instrument for protecting the interests of the contractual parties, my opinion resorting to arbitration for settlement of disputes should be followed only if and to the extent it encourages investment in the UAE and it is respectful of higher administrative interests of the UAE state. The same limitation should apply to international administrative contracts and administrative contracts with international dimensions. Arbitration should be carried out without prejudice to the principle that a public authority in the UAE shall pursue a public interest without prejudice to private interests. This study argues that the legislator should intervene in an unambiguous manner to achieve the following results in relation to arbitration in administrative contracts with an international dimension and formulate proposals on how best to address these issues: 1. Determine the fields in which resorting to arbitration in administrative disputes should be admitted. 2. Specify the competent authority for approval of resorting to arbitration in this field (preferably the higher administrative authority within the state, such as the cabinet of ministers, the competent minister or authorized representative among public persona. No delegation is permissible, in this regard, for public persona assuming positions inferior to the above-mentioned ones because of their distinguished expertise which brought them to shoulder highly sensitive positions. Delegation in arbitration should be restricted to a very limited domain and only endowed upon those who assume the highest executive positions and qualified to shoulder high ranking positions and responsibilities. 3. The arbitration panel shall refrain from prejudicing the nature of the administrative contract, that is to refrain from prejudicing public interests, in order not to use resorting to arbitration as a means of evading application of the rules and regulations pertaining to the established administrative contract, which are stipulated to maintain public interest and public funds without prejudice to the rights and freedoms of private persons. Hence, it is pertinent to preserve the administrative nature and enforce the substantive regulations of the administrative contract. The contract should involve provisions for including arbitration, in addition to explicitly specify that the applicable law governing the contract should be the administrative law and the theory of administrative contract, which shall be applied in case of dispute. Arbitration should be restricted to administrative contracts with international dimensions, connected with public interest projects and leading to the encouragement of foreign investment and applying the principles of arbitration for conciliation in internal administrative contracts disputes only. The study concludes by arguing that legislative reform should be carried out to introduce legislative amendments, incorporating the above-mentioned arrangements, which are crucial to the settlement of administrative contracts disputes through arbitration. Resorting to arbitration should be restricted to certain types of contracts concluded by public authorities as an exception to the general principle of resorting to a judicial authority for looking into a legal disputes. These were put in place only to strike a balance between achieving public interests of the state and protecting the rights and freedoms of individuals.
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Younesi, Hamid. "Preserving the contractual equilibrium of international petroleum contracts : a relational contract analysis." Thesis, University of York, 2017. http://etheses.whiterose.ac.uk/18874/.

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The viability of long-term investment contracts is dependent on the effective and efficient distribution of risk and reward between the parties, while retaining the potential for flexibility in the face of future pressures for alteration. Petroleum contracts as long-term state contracts have complex economic and legal aspects, and their performance depends upon a durable relationship between the investor, whether foreign or domestic, and the host government. Such contracts cannot be seen as discrete commercial transactions or isolated agreements. Hence, the sustained contractual relationship for petroleum transactions is based on the ability to accommodate changing expectations in changing circumstances, and on the ongoing balance and adjustment of contractual rights and obligations in changed framework. International energy investment agreements are very vulnerable and exposed to a range of actions or inactions by public authorities (government or state agencies) which could considerably affect the profitability of a project. Amongst the principal reasons for the risk of expropriation is that the host state seeks to obtain a greater share of the return from a successful operation, by raising taxes or tightening other provisions in the investment contract without necessarily taking over ownership of the investment or to drive the investor out of business. As a result, the business relationship between the foreign oil company and host government resembles a model of an ‘obsolescing bargain’, (OBM). The thesis explores the role of the contractual equilibrium and bargaining positions and their interactions with contractual clauses in a relational model of relationship to reduce and manage risk of expropriation in international energy investment transactions. The thesis examines the classical and the relational theories of contract and their response to contractual obligations, and then suggests an adaptive contractual mechanism to maintain the equilibrium of the contract in order to protect the contracting parties’ interests and resolve disputes.
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Vafakish, Sistani Masoud. "International commercial arbitration and state contracts." Thesis, University of Edinburgh, 1998. http://hdl.handle.net/1842/27017.

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Whether international commercial arbitration is appropriate as a method of state contracts dispute settlement is the main question of this thesis. In the course of this study, it is noted that, as a growing method of private commercial disputes settlement, international commercial arbitration, in principle has developed against a private law background. A trend in the practice of such arbitrations points to a desire for an expansion of the powers of arbitrators and the subsequent reduction of the role of national laws in arbitration and its eventual elimination through the so-called 'transnationalisation' of the process. Chapters I-VI focus on the question of how this process of transnationalisation is pursued and to what extent it has been accomplished. These chapters include a study of the nature of arbitration and state contracts, jurisdictional issues, control function in arbitration of state contracts, applicable substantive law, substantive remedies and the recognition and enforcement of awards. The final chapter, the question of why such a transnationalisation is sought is addressed. It attempts to identify the theoretical basis of transnational arbitration and any likely policy objectives followed by its proponents. From such a study, it would appear that, as distinct from national and international law, transnational law theory as the basis of international commercial arbitration follows a reductionist view of the setting of the law relating to transnational economic activities which considers only the commercial aspects. Given such foundations of the theory, it is argued that a bias towards the transnational business community ensues and is in turn reflected in the mechanisms of dispute settlement. In this sense, it would appear that, in relation to the settlement of state contract disputes, the mechanism, in principle, is biased against state parties whose concerns are not purely commercial, but have a public policy element. In dealing with the above, by way of comparison, references are made to the national and international law positions in respect of the matters under discussion.
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Tolkušinas, Kasparas. "Defective Arbitration Clauses in International Commercial Contracts." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110124_131045-86915.

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Usually in a drafting process of a contract arbitration clause is left at the end of a contract. Sometimes it happens that parties really do not wish start discussions on how should arbitration clause look like or what details should it contain, because either parties think they would never come to a conflict or they are short in time and leave arbitration clause unconsidered. Absence of proper attention when drafting arbitration clauses is likely to give rise to defective arbitration clauses, which lead to much higher than expected time and money costs or even make arbitration impossible. Master thesis analyses defective arbitration clause types and provision of a way to create correct arbitration clauses. In order to reach this goal gradual completion of tasks is necessary, which involves: a) identification of the main features of defective arbitration clause, b) identification of the main elements of well drafted arbitration clause, c) identification of the main types of defective arbitration clauses, d) provision of a classification of defective arbitration clauses, e) provision of as much as possible ways to avoid defective arbitration clauses and f) analysis doctrine and case law in this field and result encompassing conclusions. First part of master thesis briefly defines international commercial contract. This way the geographical scope of master thesis object is defined. Second part presents the roots of defective arbitration clause. Second part encompasses... [to full text]
Dažniausiai rengiant tarptautines komercines sutartis arbitražinė išlyga eina sutarties pabaigoje. Kartais nutinka taip, kad šalys nerodo didelio noro kelti diskusijų dėl to kaip turėtų atrodyti arbitražinė išlyga arba kokius sudėtinius elementus ji turėtų turėti. Šalys gali manyti, kad ginčas mažai tikėtinas, todėl neverta gilintis į arbitražinę išlygą arba dėl laiko stokos įkeliama atsitiktinė arbitražinė išlyga. Pakankamo dėmesingumo trūkumas ruošiant arbitražinės išlygas dažniausiai leidžia kilti arbitražinėms išlygoms su spragomis, kurios esant ginčui priverčia šalis sugaišti daug daugiau laiko ir suvartoja daug daugiau finansinių resursų nei tikėtasi arba išvis paverčia arbitražą kaip ginčų sprendimo būdą šalių atveju neįmanomą. Magistriniame darbe nagrinėjamos arbitražinės išlygos su spragomis ir siekiama pasiūlyti būdą, kaip parengti taisyklingas arbitražines išlygas. Šiems tikslams pasiekti būtinas nuoseklus užduočių įvykdymas, apimantis: a) pagrindinių arbitražinės išlygos su spragomis bruožų nustatymą, b) pagrindinių taisyklingai parengtos arbitražinės išlygos elementų nustatymą, c) pagrindinių arbitražinės išlygos su spragomis tipų nustatymą, d) arbitražinių išlygų su spragomis klasifikacijos pateikimą, e) būdų išvengti arbitražinių išlygų su spragomis pateikimą ir f) doktrinos bei teismų praktikos analizę ir apibendrinančių išvadų pateikimą. Pirmoji magistrinio darbo dalis glaustai apibrėžia tarptautinę komercinės sutartį. Tokiu būdu geografinės magistrinio darbo... [toliau žr. visą tekstą]
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8

Richardson, S. M. "International contracts and the choice of law." Thesis, University of Canterbury. Law, 1988. http://hdl.handle.net/10092/7791.

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The choice of law dilemma for international contracts is the subject of this thesis. In Part A the concept of party autonomy is discussed and the traditional English approach considered. This involves a critical examination of the proper law doctrine. Part B considers the 'American Solution' with particular reference to the State of New York. Interest Analysis, New York legislation and common law are discussed. A criticism of the New York approach concludes this section. In Part C the limitations on party autonomy are considered in both the English and New York setting. In Part D four alternative proposals are canvassed. The lex loci contractus and the lex loci solutionis (the law of the place of contracting and the law of the place of performance) are briefly considered in an historical setting. These two theories contrast with the lex validatis (the law which validates) which an academic suggestion. Finally the European Convention on the Law Applicable to Contractual Obligations (1980) is chosen as a legislative proposal to resolve the choice of law dilemma for international contracts. Its provisions are stated and discussed. Parts A to D demonstrate that law to govern international contracts on both sides of the Atlantic is unsatisfactory. To date New Zealand has followed the English proper law doctrine. However it is submitted that the time for change has arrived. It is argued that New Zealand needs a law which advances conflict of laws goals, avoids present difficulties and which is in harmony with domestic contract law. Thus Part E considers such goals and the domestic and conflict of laws provisions of recent national contractual legislation. A legislative solution is then proposed and it is argued that if the proposals were adopted New Zealand would have gone a long way towards resolving choice of law issues for international contracts.
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Dang, Hop Xuan. "International law as governing law of state contracts." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496437.

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Erasmus, Christo. "Consumer protection in international electronic contracts / C. Erasmus." Thesis, North-West University, 2011. http://hdl.handle.net/10394/6917.

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Since the Internet became available for commercial use in the early 90s, the way of doing business was changed forever. The Internet and electronic commerce have allowed people to carry out business by means of electronic communications, which makes it possible for them to do business and to conclude contracts with people situated within foreign jurisdictions. The need for consumer protection in electronic commerce has become necessary because of the misuse of aspects peculiar to electronic–commerce. Consumers have been cautious to make use of electroniccommerce, as they are uncertain about the consequences that their actions might have. Consumers will only utilise e–commerce if they have confidence in the legal system regulating it; therefore, legislation was needed to regulate their e–commerce activities. In 2002, the Electronic Communications and Transactions Act, 2002 was introduced into South African law as the first piece of legislation that would deal exclusively with electronic communications. Chapter VII of this particular act deals exclusively with consumer protection and seeks to remove certain uncertainties imposed by e–commerce. This is done by providing the South African consumer with statutory rights and obligations when engaging in electronic communications. The Consumer Protection Act, 68 of 2008 is the most recent piece of legislation that aims to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements. South African legislation dealing with electronic commerce is relatively recent, and it is uncertain whether consumers are offered sufficient protection when they conclude contracts with suppliers or sellers from a foreign jurisdiction, that is, one that is situated outside South Africa. After looking at the protection mechanisms in place for South African consumers engaging in e–commerce, we have seen that there are certain problems that one might experience when trying to determine the applicability of some of the consumer protection measures to international electronic contracts. Most of the problems that we have identified are practical of nature. Consumers may, for instance, find it hard to execute their rights against foreign suppliers in a South African court, even if the court has jurisdiction to adjudicate the matter. Another problem that we identified is that some of the important terms in our legislation are too vaguely defined. Vague terms and definitions can lead to legal uncertainty, as consumers might find it hard to understand the ambit of the acts, and to determine the applicability thereof on their transactions. In order to look for possible solutions for South Africa, the author referred to the legal position with regards to consumer protections in the United Kingdom, and saw the important role that European Union legislation plays when determining the legal position regarding consumer protection in the UK. The legislation in the UK dealing with consumer protection is far more specific than the South African legislation dealing with same. There is definitely consumer protection legislation in place in South Africa but the ongoing technological changes in the electronic commerce milieu make it necessary for our legislators to review consumer protection legislation on a regular basis to ensure that it offers sufficient protection for South African consumers engaging in international electronic contracts.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2012.
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Books on the topic "Contracts, International"

1

Marcel, Fontaine. Drafting international contracts: Analysis of contract clauses. Ardsley, NY: Transnational Publishers, 2006.

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Godwin, William. International Construction Contracts. Oxford: John Wiley & Sons, Ltd, 2013. http://dx.doi.org/10.1002/9781118498590.

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Fontaine, Marcel. Drafting international contracts: An analysis of contract clauses. Leiden: Martinus Nijhoff Pub., 2009.

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Filip, De Ly, ed. Drafting international contracts: An analysis of contract clauses. Leiden: Martinus Nijhoff Pub., 2009.

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Nygh, P. E. Autonomy in international contracts. Oxford: Clarendon Press, 1999.

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An international restatement of contract law: The UNIDROIT principles of international commercial contracts. Irvington, N.Y: Transnational Juris Publications, 1994.

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Bonell, Michael Joachim. An international restatement of contract law: The UNIDROIT principles of international commercial contracts. 2nd ed. Irvington-on-Hudson, N.Y: Transnational Publishers, 1997.

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Ademuni-Odeke. The law of international trade. London: Blackstone Press, 1999.

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Law, International Institute for the Unification of Private. Principles of international commercial contracts. Rome: Unidroit, 1994.

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Yakubu, Ademola. International contracts: Evolution and theory. Ikeja, Lagos State, Nigeria: Malthouse Press, 1999.

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Book chapters on the topic "Contracts, International"

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Franco, Raquel Campos, Lili Wang, Pauric O’Rourke, Beth Breeze, Jan Künzl, Chris Govekar, Chris Govekar, et al. "Contracts and Contract Regimes." In International Encyclopedia of Civil Society, 551–57. New York, NY: Springer US, 2010. http://dx.doi.org/10.1007/978-0-387-93996-4_11.

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Kim, Sang Man. "International Trade Contracts." In Payment Methods and Finance for International Trade, 15–28. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-7039-1_2.

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Lee, Eun Sup. "International Trade Contracts." In Management of International Trade, 37–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-30403-3_3.

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Miller, Robert. "Option Contracts." In London International Financial Futures Exchange Yearbook, 276–301. London: Macmillan Education UK, 1988. http://dx.doi.org/10.1007/978-1-349-10000-2_22.

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Nuggehalli, Nigam. "Contracts, Status and the Judiciary." In International Taxation, 17–27. New Delhi: Springer India, 2019. http://dx.doi.org/10.1007/978-81-322-3670-2_3.

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Ismail, Mohamed A. M. "The international dynamics of PPPs." In Public Private Partnership Contracts, 142–57. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429439148-6.

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Scharaw, Bajar. "Investor-State Contracts." In European Yearbook of International Economic Law, 185–301. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66089-9_4.

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Barton-Farcas, Stephanie. "Contracts: Local, National and International." In Acting & Auditioning for the 21st Century, 133–40. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351131551-15.

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Corbett, Charles J., and Christopher S. Tang. "Designing Supply Contracts: Contract Type and Information Asymmetry." In International Series in Operations Research & Management Science, 269–97. Boston, MA: Springer US, 1999. http://dx.doi.org/10.1007/978-1-4615-4949-9_9.

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Pejovich, Svetozar. "The Firm and Contracts." In International Studies in Economics and Econometrics, 171–88. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-6483-2_11.

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Conference papers on the topic "Contracts, International"

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Deynekli, Adnan. "Field of Application of United Nations Convention on Contracts for the International Sale of Goods." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01265.

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United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force on the 1st August 2011 in Turkey. CISG is accepted with the purpose of development and encouragement of international trade and application of uniform rules for resolution of disputes arising from the contracts for the international sale of goods. CISG applies to contracts of sale of goods between parties whose places of business are in different states when the states are contracting states; or when the rules of private international law lead to the application of the law of a contracting state. Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of CISG. In order to apply CISG, there has to be a contract about international sale of goods and the parties shall be from different contracting states or the rules of private international law shall lead to the application of the law of a contracting state. The parties may totally or partially exclude the application of this CISG. CISG does not apply in terms of third party rights and the validity of the contract or of any of its provisions or of any usage.
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Chen, Liushan, Yu Pei, and Carlo A. Furia. "Contract-based program repair without the contracts." In 2017 32nd IEEE/ACM International Conference on Automated Software Engineering (ASE). IEEE, 2017. http://dx.doi.org/10.1109/ase.2017.8115674.

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Chen, Weili, Xiongfeng Guo, Zhiguang Chen, Zibin Zheng, Yutong Lu, and Yin Li. "Honeypot Contract Risk Warning on Ethereum Smart Contracts." In 2020 IEEE International Conference on Joint Cloud Computing (JCC). IEEE, 2020. http://dx.doi.org/10.1109/jcc49151.2020.00009.

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Mut-Puigserver, Macia, M. Magdalena Payeras-Capella, and Miquel A. Cabot-Nadal. "Blockchain-Based Contract Signing Protocol for Confidential Contracts." In 2019 IEEE/ACS 16th International Conference on Computer Systems and Applications (AICCSA). IEEE, 2019. http://dx.doi.org/10.1109/aiccsa47632.2019.9035363.

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Topaloğlu, Mustafa. "Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00982.

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Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.
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Mortimer-Hawkins, M. "FIDIC Yellow and Orange Books as used in international procurement." In IEE Colloquium on How to Operate Standard Form Contracts Successfully. IEE, 1995. http://dx.doi.org/10.1049/ic:19951290.

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Bagherzadeh, Mehdi, Hridesh Rajan, Gary T. Leavens, and Sean Mooney. "Translucid contracts." In the tenth international conference. New York, New York, USA: ACM Press, 2011. http://dx.doi.org/10.1145/1960275.1960293.

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Jones, Simon Peyton, Jean-Marc Eber, and Julian Seward. "Composing contracts." In the fifth ACM SIGPLAN international conference. New York, New York, USA: ACM Press, 2000. http://dx.doi.org/10.1145/351240.351267.

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Kocev, Ljuben. "THE IMPACT OF COVID-19 ON THE PERFORMANCE OF INTERNATIONAL COMMERCIAL CONTRACTS FOR THE SALE OF GOODS – FORCE MAJEURE AND HARDSHIP." In Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2020. http://dx.doi.org/10.47063/ebtsf.2020.0012.

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The outbreak of COVID-19 has had massive negative impact across all industries and fields in the entire world. While the negative health impact is slowly stabilizing, the economic impact is in full effect and the harm is yet to be evaluated. On macroeconomic level, the necessary measures for combating the pandemic which were undertaken by governments have significantly restricted international trade. On microeconomic level, merchants and businesses are faced with inability or extreme obstacles in their daily operations and particularly in performing their international sales contracts. Failure to perform results in contractual breach and unwanted claims for damages. The paper addresses the impact which COVID-19 has on the performance of international commercial contracts for the sale of goods. The paper considers the impediments which may arise due to the pandemic outbreak and evaluates them from a legal perspective under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG), which is the main legal instrument governing international sales contracts. Particularly, the paper focuses on the question of exemption from liability in a situation where either of the contractual parties fails to perform and breaches an obligation. The evaluation is conducted through interpretation of the concepts of force majeure and hardship, as grounds for non-performance or contract renegotiation in light of the current situation.
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Poppendieck, Mary. "Agile Contracts." In 29th International Conference on Software Engineering (ICSE'07 Companion). IEEE, 2007. http://dx.doi.org/10.1109/icsecompanion.2007.17.

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Reports on the topic "Contracts, International"

1

Spencer, Barbara. International Outsourcing and Incomplete Contracts. Cambridge, MA: National Bureau of Economic Research, June 2005. http://dx.doi.org/10.3386/w11418.

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Grossman, Gene. Imperfect Labor Contracts and International Trade. Cambridge, MA: National Bureau of Economic Research, January 1999. http://dx.doi.org/10.3386/w6901.

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Buhaissi, Ziad, George Salvatierra, Robert Whiteley, and Michael Welsh. Wamar International Successfully Completed Contracts, but Unanticipated Problems Affected Costs and Schedules. Fort Belvoir, VA: Defense Technical Information Center, January 2010. http://dx.doi.org/10.21236/ada514474.

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Antràs, Pol. Grossman-Hart (1986) Goes Global: Incomplete Contracts, Property Rights, and the International Organization of Production. Cambridge, MA: National Bureau of Economic Research, September 2011. http://dx.doi.org/10.3386/w17470.

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Spector, Leonard S., Ibrahim al-Marashi, Amy Smithson, Raymond Zilinskas, and Egle Murauskaite. Contract W911NF-09-1-0105 (Monterey Institute of International Studies). Fort Belvoir, VA: Defense Technical Information Center, April 2014. http://dx.doi.org/10.21236/ada606575.

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Hanna, J. S. Summary Final Report for Contract Number N00014-84-C-0180 (Science Applications International Corp., McLean, Virginia). Fort Belvoir, VA: Defense Technical Information Center, November 1986. http://dx.doi.org/10.21236/ada231985.

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Cordella, Tito, and Andrew Powell. Preferred and Non-Preferred Creditors. Inter-American Development Bank, March 2021. http://dx.doi.org/10.18235/0003109.

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International financial institutions (IFIs) generally enjoy preferred creditors treatment (PCT). Although PCT rarely appears in legal contracts, when sovereigns restructure bilateral or commercial debts, they normally pay IFIs in full. This paper presents a model where a creditor, such as an IFI, that can commit to lend limited amounts at the risk-free rate and can refrain from lending into arrears is always repaid and adds value. The analysis suggests that IFIs and market lenders can both enhance welfare, even if banning commercial borrowing can sometimes be optimal. To maintain their status, preferred lenders should offer low cost financing in volumes that are consistent with countries' incentives to repay even in bad states. This suggests such lenders should not differentiate lending interest rates according to risk and should not participate in the restructuring of commercial debt.
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Greene, Robert R. Final Report for Contract Number N00014-84-C-0180, Subtask 27.1 (Science Applications International Corp., McLean, Virginia). Fort Belvoir, VA: Defense Technical Information Center, March 1985. http://dx.doi.org/10.21236/ada231987.

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MH Lane. Naval Reactors Prime Contractor Team (NRPCT) Experiences and Considerations With Irradiation Test Performance in an International Environment. Office of Scientific and Technical Information (OSTI), February 2006. http://dx.doi.org/10.2172/883694.

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Saporito, Barbara. Summary Final Report for Task 2A, Task 3A and Task 3B (Contract N00014- 87-D-6028, Science Applications International Corporation). Fort Belvoir, VA: Defense Technical Information Center, January 1988. http://dx.doi.org/10.21236/ada237219.

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