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Littérature scientifique sur le sujet « Commercial contract law »

Auteur : Grafiati
Publié le 4 juin 2021
Mis à jour le 15 février 2022

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Articles de revues sur le sujet "Commercial contract law"

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Mitchell, Catherine. « Narrativising contract law ». Legal Studies 29, no 1 (mars 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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Benson, Bruce L. « Customary law as a social contract : International commercial law ». Constitutional Political Economy 3, no 1 (décembre 1992) : 1–27. http://dx.doi.org/10.1007/bf02393230.

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

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

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

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Cimino, Chapin F. « The Relational Economics of Commercial Contract ». Texas A&M Law Review 3, no 1 (septembre 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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Rinkes, Jac. « Optional Commercial Contract Law : Global Experiences – European Perspectives ». European Journal of Commercial Contract Law 1, no 4 (1 octobre 2009) : 184–93. http://dx.doi.org/10.7590/ejccl_2009_04_02.

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

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Tehrani, Ali Honari. « Stipulation in the International Commercial Contracts ». Journal of Politics and Law 9, no 6 (31 juillet 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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Zhou, Qi. « Limits of mandatory rules in contract law : an example in agency law ». Northern Ireland Legal Quarterly 65, no 4 (12 février 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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Thèses sur le sujet "Commercial contract law"

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Ibrahim, Uzaimah. « Commodity futures contract ; An analysis in Islamic commercial law ». Thesis, University of Wales Trinity Saint David, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503606.

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Le, Roux Rochelle. « The regulation of work : whither the contract of employment ? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers ». Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4651.

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The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws.
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Tomkin, D. N. N. « An examination of selected instances of judicial approaches to unfair contracts ». Thesis, University of Essex, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.376745.

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Mohd, Napiah Mohammad Deen. « The theory of the contract of agency (Al Wakalah) in Islamic law ». Thesis, Glasgow Caledonian University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295029.

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Mboya, Meshack Kathama. « Implementing the UN Global Compact : role of the law of contract in promoting sustainability in international supply chains ». Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28029.

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This paper analyses the need for multinationals to adopt and fully implement the UN Global Compact principles in their operations by influencing sustainability down their international supply chains. This analysis is premised on the various theories supporting the adoption of sustainable business practices by businesses in terms of labour, human rights, environmental responsibility and anti-corruption. The objective of the analysis is to propose the applicable law of contract tools that the multinationals can use to implement their sustainability commitments down international supply chains. Since the supply chain partners of these multinationals are distinct entities operating independently and only dealing with the multinationals through contracts, the paper proposes that sustainability can be influenced through the use of such contracts. In this, the paper appraises conditions precedent and express contractual terms as the law of contract tools that can best be utilized by multinationals in influencing supply chain sustainability. The paper shows that these tools can be utilized to guarantee that supply chain partners operate sustainably and in a manner that implements the sustainability commitments of the focal firm - the multinational. Against the background of the already existing systems, this study illustrates that the proposed tools can be used to strengthen the existing systems and especially the use of supplier codes of conduct. It also demonstrates that the effective use of these tools guarantees the adoption of sustainable practices and systems that eventually make the entire supply chain sustainable. The paper concludes that the use of these tools will guarantee the implementation of sustainability commitments, as based on the UN Global Compact, in international supply chains.
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Qutieshat, Enas M. « Traditional contract law in the electronic environment : evolution or revolution ? » Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=158831.

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This thesis will examine issues related to the formation and validity of electronic contracts on a comparative basis between the English, American and UNCITRAL approaches.  When examining the English approach, reference will be made to relevant EC Directives in relation to the subject matter. This thesis has four main objectives.  First, to assess the impact of using electronic communication tools to reach agreement.  Second, to identify some key points that should be considered when examining the formal validity of electronic contracts. Third, to establish a foundation for having a valid contract in which rights and obligations could arise accordingly.  Finally, this thesis aims to identify whether the traditional contract law rules are able to meet the challenges that are brought by the use of electronic communication tools, or whether they require reform. It will be noticed throughout that electronic contracts come in different types.  This leads to difficulty with introducing one rule to cover all types of electronic contracts. Furthermore, some concerns arise when electronic communication tools are used to form contracts as to the exact time of contracting. Other concerns arise when trying to fulfil some legal formalities such as writing and signature.  This is because of the special and dual nature of electronic data and the possibility of using different types of signature methods in cyberspace. Finally, it is important to consider taking steps to update some of the current contract law rules to work alongside the electronic technology revolution.  Some aspects of the traditional contract law rules become challenging when applied to electronic contracts.  For example, the issues of contract formation and the use of electronic and intelligent software require direct attention when considering the issue of e-contracts.  The reference to such challenging well-established contract law rules is necessary throughout this thesis, however, since the current rules which deal with electronic commerce in general and electronic contracts in particular do not cover all the issues that are related to electronic contracts.  Lastly, this thesis will sound the alarm on the need to raise the legal awareness of both online users and website developers when contracting online. Chapter Two will assess the use of electronic communication tools to form such contracts, and the sorts of problems that could arise as a consequence. Chapter Three will highlight whether or not electronic contracts can be considered written and signed when the law imposes such requirement.  This chapter will also seek to determine whether there is a need for such formalities in cyberspace. Chapter Four is designed to deal with selected issues of material validity of electronic contracts.  This chapter is essential when considering all types of electronic contracts, including formal ones.  It will consider issues that are related to mutual assent in cyberspace, and the problems that could arise with web-based contracts in relation to these.
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Naji, Alaa A. « Islamic Fiqh and the contract of international carriage of passengers by air ». Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33056.

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GOD says in the Holy Qur'aan "O' people, I have created you from a single pair of a male and a female, and made you into nations and tribes that ye may know each other. Verily the most honored of you in the sight of GOD is the most righteous of you..." (Holy Qur'aan, 49:13).
This thesis is laid down in accordance with GOD's order to connect civilizations with each other and to benefit from each other's experience and knowledge toward a much better future for humanity.
The thesis tries to reflect upon the opinions of Islamic Fiqh with regard to the contract of international carriage of passengers by air and e-ticketing in a manner that is understandable to both Fiqh oriented and Western Law oriented readers. Therefore, it has been designed to include three major Parts where the first introduces the Western Law oriented reader to Islamic Fiqh. The Second Part introduces the Fiqh Oriented reader to the world of tickets and travel documents. Finally, the third chapter concentrates on the issue of electronic ticketing. (Abstract shortened by UMI.)
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Layton-McCann, Keryn. « The role of good faith and fairness in contract law : where do we stand in South Africa, and what can be learnt from other jurisdictions ? » Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27461.

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Good faith is recognised as an underlying principle in South African contract law, and the contract law of many countries. There has been noticeable reluctance in some common law jurisdictions against the elevation of the role of good faith in contract law. This paper seeks to explore the tension between the Supreme Court of Appeal and the Constitutional Court in the application of good faith and by implication, fairness to South African contractual disputes. It illustrates that the Constitutional Court seeks to elevate the role of good faith while the SCA is not in favour of such an approach. As the two benches are not in step with their approach, this has led to legal uncertainty in this area of South African contract law. In South African consumer contracts, the concept of fairness is explored, and the remedies at the disposal of consumers to escape the operation of unfair contract terms in different sectors. As South Africa has only provided legislative protection for consumers in the past twenty years, this area of law is comparatively speaking 'new' when compared with other countries. There are therefore lessons to be learnt from other countries in this regard as they have the advantage of time and thereby experience gained over South Africa. For comparative purposes two common law jurisdictions were also explored, namely Australia and the United Kingdom. Both countries are facing similar challenges as South Africa to elevate and expand the role of good faith in the contractual space. Recent notable court decisions in Australia and England in the commercial contract space are explored to demonstrate these challenges. This paper also considers their consumer protection legislation in order to identify if there were lessons to be learnt from their protections that should be considered for South African legislation. Due to the EU membership by the UK, the increased recognition of good faith in civil law jurisdictions has made its way into UK legislation. Good faith as a concept has also found its way into Australian consumer legislation. It may only be a matter of time before the three countries explored in this paper elevate and expand the role of good faith and fairness beyond consumer contracts. The Constitutional mandate to develop the South African common law, the UK's (current) need to comply with civil law principles due to EU membership and generally, the conventional practice by common law legislatures, academics and courts of looking to England for legal developments, are factors which will contribute to the development.
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Cairncross-, Chinnapyel Nancy. « Can the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry achieve the objective of linking the passing of ownership in the petroleum products that are sold from England to South Africa to the passing of risk in those petroleum products by indicating such intention in their contract of sale ? » Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15184.

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This dissertation aims to focus on whether the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry, specifically the petroleum sector, achieve the objective of linking the passing of ownership in the petroleum products1 sold from England to South Africa, to the passing of risk in those petroleum products by indicating such intention in their contract of sale?
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Alkhadhari, Abdulwahab. « Remedies for the breach of a commercial contract for the sale of goods : a comparative analysis between the English Sale of Goods Act 1979 and the Contract of Sale of Goods in Saudi Law ». Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28672.

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This thesis focuses on remedies for a breach of the Contract of Sale of Goods under English and Saudi law, wherever the Contract is in the course of business. The primary aim of the thesis is to describe and analyse those remedies and how each of the above legal regimes has dealt with breaches. For this purpose, the remedies must be analysed to identify differences and similarities between the two regimes, while at the same time highlighting the weaknesses and strengths of each. In addition, the reasons why the two legal systems have adopted their respective approaches in favouring specific remedies will be considered, in order to determine whether there are any differences in the underlying legal principles affecting the de facto results for the Buyer and Seller. In so doing, the aim is to provide a detailed and ingenious analysis, which may be of assistance in understanding each regime.
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Livres sur le sujet "Commercial contract law"

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DiMatteo, Larry A., Qi Zhou, Severine Saintier et Keith Rowley, dir. Commercial Contract Law. Cambridge : Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139235662.

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Lewis, A. Contract & European commercial law. Eastham : Tudor, 1992.

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Kershaw, K. M. Contract, commercial and employment law. [Guilford] : College of Law, 1985.

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Kershaw, K. M. Contract, commercial and employment law. Guildford : College of Law, 1991.

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Shalev, Gabriela. The law of contract. Jerusalem : [s.n.], 1990.

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Zealand, New. Brookers contract and commercial law handbook. Wellington, N.Z : Thomson/Brookers, 2010.

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Zealand, New. Brookers contract and commercial law handbook. Wellington, N.Z : Thomson/Brookers, 2007.

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Cheshire, G. C. Cheshire & Fifoot's law of contract. 8e éd. Chatswood, N.S.W : LexisNexis Butterworths, 2002.

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Cheshire, G. C. Cheshire and Fifoot's law of contract. 5e éd. Sydney : Butterworths, 1988.

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Kahn, Ellison. Contract and mercantile law : A source book. 2e éd. Cape Town : Juta & Company Limited, 1988.

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Chapitres de livres sur le sujet "Commercial contract law"

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Andrews, Neil. « The Landscape of International Commercial Arbitration ». Dans Arbitration and Contract Law, 3–16. Cham : Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_1.

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Evtimov, Erik, et Tetyana Payosova. « Article 6 Contract of carriage ». Dans Commercial Law, 1090. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-1090.

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Evtimov, Erik, et Tatyana Payosova. « Article 6 Contract of carriage ». Dans Commercial Law, 1134–38. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-1134-1.

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Müller-Rostin, Wolf. « Article 27 Freedom to Contract ». Dans Commercial Law, 1224. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-1224-1.

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Brödermann, Eckart J. « Article 1.1 (Freedom of contract) ». Dans Commercial Law, 484. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-484.

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Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn et PG Turner. « 12. Performance of the contract ». Dans Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0012.

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This chapter considers the duties of the seller under the Sale of Goods Act 1979 to give a good title to the goods he sells. The seller has a duty to deliver the goods in accordance with the terms of the contract of sale. Unless otherwise agreed, the seller must be ready and willing to give possession of the goods to the buyer in exchange for a certain amount. The chapter first explains the meaning of the term ‘delivery’ before discussing the duties of the seller to deliver the goods and to give a good title. It also examines the provisions of the Sale of Goods Act relevant to the sale of a limited title and the implied warranties as to freedom from encumbrances and quiet possession. Finally, it describes the statutory duties of the buyer to take delivery, to accept the goods, and to pay the price.
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« Unfair contract terms ». Dans Australian Commercial Law, 391–404. 2e éd. Cambridge University Press, 2020. http://dx.doi.org/10.1017/9781108629003.018.

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Mitchell, Catherine. « Interpreting Commercial Contracts ». Dans Comparative Contract Law, 231–47. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780198728733.003.0027.

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Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn et PG Turner. « 27. Insurance ». Dans Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0027.

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This chapter deals with insurance and the principles of insurance law. Contracts of insurance may be subdivided into two categories: indemnity insurance and contingency insurance. Under a contract of insurance, the event insured against is interpreted to be uncertain, either in the sense that it may or may not occur, or that the time of the occurrence is uncertain. This chapter first explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. It then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.
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« Chapter 8. Contract Law ». Dans Russian Commercial Law, 271–308. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004162532.i-494.58.

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Actes de conférences sur le sujet "Commercial contract law"

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« ELEMENTS OF SELF-REGULATION OF INTERNATIONAL COMMERCIAL CONTRACT ». Dans Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.60.

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Siyu, Wei. « Research on the Contract Law of Commercial Prepaid Card ». Dans 2015 International Conference on Social Science and Technology Education. Paris, France : Atlantis Press, 2015. http://dx.doi.org/10.2991/icsste-15.2015.190.

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Grozdanov, Anton. « THE MARINE INSURANCE CONTRACT AND ITS MEANING FOR COMMERCIAL SHIPPING ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.52.

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The report examines the legal nature of the Marine Insurance Contract as one of the legal institutions forming the shape of the Maritime Commercial Law. The essential importance of a merchant shipping contract is illustrated by an example from the English Case Law, which is leading worldwide.
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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 ». Dans 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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Deynekli, Adnan. « Field of Application of United Nations Convention on Contracts for the International Sale of Goods ». Dans 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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Ağaoğlu, Cahit. « Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.
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Atkins, S. « Commercial contracts in a railway environment ». Dans IET Seminar on Railway Law for Engineers : How Legislation, Liability and Legal Issues Affect You. IEE, 2006. http://dx.doi.org/10.1049/ic:20060636.

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Deynekli, Adnan. « Payment against Documents in International Trade ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01164.

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As compared to internal trade, international trade involves several risks, which can be specified as commercial, physical, political and legal risks. Cash against documents (documentary collection) is a type of payment method applied to reduce the legal risks in a transaction. This payment method is a reassuring way for the Importer, since he is not under any obligation to make a payment before examining the document and confirming its conformance to the terms of order. Cash against documents is more reliable than cash against goods (open account) on the one hand, but less reliable than letters of credit on the other hand. Cash against document is one of the most commonly used payment methods in international trade as it offers a cost-effective and simple system and processes faster than cash against goods. Rules regarding cash against documents are governed by International Commerce Chamber Brochure no. 522 (Uniform Rules for Collection-URC), which is a set of guiding principles with a non-statutory character. There is no specific regulation exists on cash against documents in Turkish Law. In order to apply the rules on cash against documents in a transaction, “documentary collection/cash against documents clause” should be incorporated into the text of contract. Parties to a documentary collection are the Principal (seller/exporter/drawer), the Remitting Bank, the Collecting Bank and the Drawee (buyer/importer).
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Cojocaru, Cristina. « ON THE NON-FULFILLMENT OF OBLIGATIONS UNDER COMMERCIAL CONTRACTS AND ITS CONSEQUENCES UNDER ROMANIAN LAW ». Dans 6th SGEM International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS Proceedings. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sgemsocial2019v/1.1/s02.020.

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Wu, Molei, Saroj Thapa, Md Rejwanul Haque et Xiangrong Shen. « Toward a Low-Cost Modular Powered Transtibial Prosthesis : Initial Prototype Design and Testing ». Dans 2017 Design of Medical Devices Conference. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/dmd2017-3504.

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In human walking, the ankle plays an important role of supplying power needed for the forward motion [1]. However, traditional transtibial (TT, a.k.a. below-knee, BK) prostheses are passive, lacking the ability of generating power output in the prosthetic ankle. Consequently, amputees fitted with such prostheses suffer from multiple issues (asymmetric gait, greater metabolic energy expenditure, etc.). To address such issues, researchers have explored various technical approaches to develop powered TT prostheses. Hydraulics and pneumatics have been attempted, leveraging the high power density with these actuators (e.g. [2]). Electromagnetic actuators were used more extensively with its technological maturity and convenience in packaging. Typical examples include the multiple prototypes developed by the MIT Biomechatronics Group (e.g., [3]), the SPARKy project, and the Vanderbilt Transtibial Prosthesis. The TT prostheses mentioned above all include powered ankle joints to provide power for the users’ locomotion. However, cost and complexity are often given lower priority than performance in the development of such devices. Powered TT prosthesis is a typical low-volume product from a commercial perspective, and the resulting high cost is a major hurdle for the large-scale adoption among amputee users. General robotic components (motors, gearsets, etc.), in contrary, are produced in large quantities with relatively low prices. Such contrast is the major inspiration for this work: the goal is to develop a modular powered TT prosthesis based on low-cost commercial robotic components while minimizing the complexity in manufacturing and assembly.
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Rapports d'organisations sur le sujet "Commercial contract law"

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Баттахов, П. П. Договоры о передаче исключительных прав на объекты промышленной собственности с участием социальных предприятий. DOI CODE, 2021. http://dx.doi.org/10.18411/1818-1538-2021-55669.

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The article considers contractual designs aimed at transferring exclusive rights to industrial property. The problem of the contractual process was identified when concluding a contract on the transfer of a set of exclusive rights. Based on the study, a number of changes to Russian laws have been proposed. First of all, this applies to a commercial concession contract. The author proposes to amend the Civil Code of the Russian Federation by supplementing the article on commercial concession with the right of organizations that do not conduct commercial activities to conclude the same contracts on a general basis. The appropriateness of applying the classification of transactions into real and consensual ones in relation to this contract is justified. The peculiarities of transfer of the complex of exclusive rights to objects of industrial property with participation of social enterprises under the legislation of the Russian Federation are studied.
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Cordella, Tito, et Andrew Powell. Preferred and Non-Preferred Creditors. Inter-American Development Bank, mars 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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Payment Systems Report - June of 2020. Banco de la República de Colombia, février 2021. http://dx.doi.org/10.32468/rept-sist-pag.eng.2020.

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With its annual Payment Systems Report, Banco de la República offers a complete overview of the infrastructure of Colombia’s financial market. Each edition of the report has four objectives: 1) to publicize a consolidated account of how the figures for payment infrastructures have evolved with respect to both financial assets and goods and services; 2) to summarize the issues that are being debated internationally and are of interest to the industry that provides payment clearing and settlement services; 3) to offer the public an explanation of the ideas and concepts behind retail-value payment processes and the trends in retail payments within the circuit of individuals and companies; and 4) to familiarize the public, the industry, and all other financial authorities with the methodological progress that has been achieved through applied research to analyze the stability of payment systems. This edition introduces changes that have been made in the structure of the report, which are intended to make it easier and more enjoyable to read. The initial sections in this edition, which is the eleventh, contain an analysis of the statistics on the evolution and performance of financial market infrastructures. These are understood as multilateral systems wherein the participating entities clear, settle and register payments, securities, derivatives and other financial assets. The large-value payment system (CUD) saw less momentum in 2019 than it did the year before, mainly because of a decline in the amount of secondary market operations for government bonds, both in cash and sell/buy-backs, which was offset by an increase in operations with collective investment funds (CIFs) and Banco de la República’s operations to increase the money supply (repos). Consequently, the Central Securities Depository (DCV) registered less activity, due to fewer negotiations on the secondary market for public debt. This trend was also observed in the private debt market, as evidenced by the decline in the average amounts cleared and settled through the Central Securities Depository of Colombia (Deceval) and in the value of operations with financial derivatives cleared and settled through the Central Counterparty of Colombia (CRCC). Section three offers a comprehensive look at the market for retail-value payments; that is, transactions made by individuals and companies. During 2019, electronic transfers increased, and payments made with debit and credit cards continued to trend upward. In contrast, payments by check continued to decline, although the average daily value was almost four times the value of debit and credit card purchases. The same section contains the results of the fourth survey on how the use of retail-value payment instruments (for usual payments) is perceived. Conducted at the end of 2019, the main purpose of the survey was to identify the availability of these payment instruments, the public’s preferences for them, and their acceptance by merchants. It is worth noting that cash continues to be the instrument most used by the population for usual monthly payments (88.1% with respect to the number of payments and 87.4% in value). However, its use in terms of value has declined, having registered 89.6% in the 2017 survey. In turn, the level of acceptance by merchants of payment instruments other than cash is 14.1% for debit cards, 13.4% for credit cards, 8.2% for electronic transfers of funds and 1.8% for checks. The main reason for the use of cash is the absence of point-of-sale terminals at commercial establishments. Considering that the retail-payment market worldwide is influenced by constant innovation in payment services, by the modernization of clearing and settlement systems, and by the efforts of regulators to redefine the payment industry for the future, these trends are addressed in the fourth section of the report. There is an account of how innovations in technology-based financial payment services have developed, and it shows that while this topic is not new, it has evolved, particularly in terms of origin and vocation. One of the boxes that accompanies the fourth section deals with certain payment aspects of open banking and international experience in that regard, which has given the customers of a financial entity sovereignty over their data, allowing them, under transparent and secure conditions, to authorize a third party, other than their financial entity, to request information on their accounts with financial entities, thus enabling the third party to offer various financial services or initiate payments. Innovation also has sparked interest among international organizations, central banks, and research groups concerning the creation of digital currencies. Accordingly, the last box deals with the recent international debate on issuance of central bank digital currencies. In terms of the methodological progress that has been made, it is important to underscore the work that has been done on the role of central counterparties (CCPs) in mitigating liquidity and counterparty risk. The fifth section of the report offers an explanation of a document in which the work of CCPs in financial markets is analyzed and corroborated through an exercise that was built around the Central Counterparty of Colombia (CRCC) in the Colombian market for non-delivery peso-dollar forward exchange transactions, using the methodology of network topology. The results provide empirical support for the different theoretical models developed to study the effect of CCPs on financial markets. Finally, the results of research using artificial intelligence with information from the large-value payment system are presented. Based on the payments made among financial institutions in the large-value payment system, a methodology is used to compare different payment networks, as well as to determine which ones can be considered abnormal. The methodology shows signs that indicate when a network moves away from its historical trend, so it can be studied and monitored. A methodology similar to the one applied to classify images is used to make this comparison, the idea being to extract the main characteristics of the networks and use them as a parameter for comparison. Juan José Echavarría Governor
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