The Argentine and the French civil codes have recently undergone substantial modifications to their contract law provisions. These novel statutes could serve as models for future B2B contract law reforms in Latin American jurisdictions and beyond, as former Argentine and French laws have done in the past. The authors offer a contribution that paves the way in that direction with a systematic comparative analysis. As a starting point, this article unveils the influence that the modern unified laws on contracts (UNIDROIT Principles on International Commercial Contracts (PICC) and United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG)) have in Argentina’s and France’s new contract law. It also highlights the most obvious similarities and differences in both sets of rules. This contribution goes beyond simple tertium comparisons; the authors analyse which of the two laws offers better, or more effective, rules to achieve the desired contract law functions in various matters. Readers are provided with the best rule or solution to address the problem in question and, as the authors hope, they should conclude that both models provide for a range of complementary solutions for modern contract law reforms. |
Search result: 122 articles
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Journal | European Journal of Law Reform, Issue 3 2020 |
Keywords | contracts, sales, law reform, CISG, UNIDROIT Principles, Argentina, France, comparative law |
Authors | Edgardo Muñoz and Inés Morfín Kroepfly |
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Book Review |
UNIDROIT Principles of International Commercial Contracts, An Article-by-Article Commentary |
Journal | European Journal of Law Reform, Issue 4 2019 |
Authors | Christiana Fountoulakis |
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Article |
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | international business courts, Netherlands Commercial Court, choice of court, recognition and enforcements of judgements |
Authors | Eddy Bauw |
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The judicial landscape in Europe for commercial litigation is changing rapidly. Many EU countries are establishing international business courts or have done so recently. Unmistakably, the approaching Brexit has had an effect on this development. In the last decades England and Wales – more precise, the Commercial Court in London - has built up a leading position as the most popular jurisdiction for resolving commercial disputes. The central question for the coming years will be what effect the new commercial courts in practice will have on the current dominance of English law and the leading position of the London court. In this article I address this question by focusing on the development of a new commercial court in the Netherlands: the Netherlands Commercial Court (NCC). |
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | Justizinitiative Frankfurt, Law Made in Germany, International Commercial Disputes, Forum Selling, English Language Proceedings |
Authors | Burkhard Hess and Timon Boerner |
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The prospect of attracting foreign commercial litigants to German courts in the wake of Brexit has led to a renaissance of English-language commercial litigation in Germany. Leading the way is the Frankfurt District Court, where – as part of the ‘Justizinitiative Frankfurt’ – a new specialised Chamber for International Commercial Disputes has been established. Frankfurt’s prominent position in the financial sector and its internationally oriented bar support this decision. Borrowing best practices from patent litigation and arbitration, the Chamber offers streamlined and litigant-focused proceedings, with English-language oral hearings, within the current legal framework of the German Code of Civil Procedure (ZPO).1xZivilprozessordnung (ZPO). Noten
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | Commercial contracts, Enforcement, Jurisdiction, Specialized courts, India |
Authors | Sai Ramani Garimella and M.Z. Ashraful |
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The liberal globalised order has brought increased focus on the regulation of international commerce, and especially dispute resolution. Enforcement of contracts has been a concern largely owing to the insufficiencies of the legal systems, especially relating to the institutional structure, and it holds true for India as well. The commercial courts mechanism – international and domestic – with innovative features aimed at providing expedited justice is witnessing much traction. India, similar to many other jurisdictions, legislated in favour of specialized dispute resolution mechanisms for commercial disputes that could help improve the procedures for enforcement of contracts. This research attempts to critique the comparable strengths and the reform spaces within the Indian legislation on commercial courts. It parses the status of commercial dispute resolution in India especially in the context of cross-border contracts and critiques India’s attempt to have specialised courts to address commercial dispute resolution. |
Article |
Managing Procedural Expectations in Small Claims ODR |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | fair trial, procedural justice, natural justice, waiver, small claims, consumer disputes, proportionality |
Authors | Fabien Gélinas |
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In this article, the author reflects on the appropriate place of traditional procedural guarantees in the resolution of consumer and small claims disputes using online tools. After examining the key aspects of procedural justice that constitute the right to a fair trial and analysing its effects on procedures designed for low-value disputes, the article argues for a flexible approach that takes procedural proportionality seriously. |
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Report of the 61st Colloquium on the Law of Outer Space |
Journal | International Institute of Space Law, Issue 6 2018 |
Authors | P.J. Blount and Rafael Moro-Aguilar |
Article |
The Concept of Launching State in Democratized NewSpace |
Journal | International Institute of Space Law, Issue 1 2018 |
Authors | Hamza Hameed |
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Article |
The Reform and Harmonization of Commercial Laws in the East African Community |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | law reform, harmonization of laws, commercial laws, legal transplants, East African Community |
Authors | Agasha Mugasha |
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The partner states in the East African Community (EAC) have modernized their commercial laws to claim their post-colonial identity and facilitate development. While law reform and the harmonization of laws are both methods of shaping laws, the national law reform programmes in the EAC mainly aim to ensure that the laws reflect the domestic socioeconomic circumstances, in contrast to the harmonization of national commercial laws, which focuses on the attainment of economic development. This article observes that the reformed and harmonized commercial laws in the EAC are mainly legal transplants of the principles of transnational commercial law that have been adapted to meet domestic needs and aspirations. |
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Journal | Erasmus Law Review, Issue 3 2017 |
Keywords | access to justice, procedural law, courts, civil justice reform, comparative law |
Authors | Catherine Piché |
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Canada has a complex system of courts that seek to serve Canadians in view of the traditional objectives of civil justice – principally accessibility, efficiency, fairness, efficacy, proportionality and equality. The Canadian court system is generally considered by its users to work well and to have legitimacy. Yet, researchers have found that ‘there is a tendency for people involved in a civil case to become disillusioned about the ability of the system to effect a fair and timely resolution to a civil justice problem’. This article will discuss the ways in which reforms of procedural law and civil justice have originated and continue to be made throughout Canada, both nationally and provincially, as well as the trends and influences in making these reforms. With hundreds of contemporary procedural reforms having been discussed, proposed and/or completed since the first days of Canadian colonisation on a national basis and in the Canadian provinces and territory, providing a detailed analysis will prove challenging. This article will nonetheless provide a review of civil justice and procedural reform issues in Canada, focusing principally, at the provincial level, on the systems of Ontario and Quebec. Importantly, I will seek to reconcile the increasing willingness to have an economically efficient civil justice and the increased power of judges in managing cases, with our court system’s invasion of ADR and its prioritisation of informal modes of adjudication. |
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Report of the 60th Colloquium on the Law of Outer SpaceAdelaide, Australia, 2017 |
Journal | International Institute of Space Law, Issue 6 2017 |
Authors | P.J. Blount and R. Moro-Aguilar |
Article |
Elon, Fly Me to the Moon!Legal Dimensions of Space Tourism beyond Earth Orbit |
Journal | International Institute of Space Law, Issue 2 2017 |
Authors | Larry F. Martinez and Maria A. Pozza |
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Article |
Piecemeal Harmonization of European Civil LawThe Case of Limitation Periods in the Antitrust Damages Directive |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Miriam Buiten |
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Article |
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Journal | Erasmus Law Review, Issue 1 2016 |
Keywords | Incorporation and internalisation, transnational commercial transactions, transnational commercial norms |
Authors | Bo Yuan |
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In today’s global economy, a noticeable trend is that the traditional state-law-centred legal framework is increasingly challenged by self-regulatory private orders. Commercial norms, commercial arbitration and social sanctions at the international level have become important alternatives to national laws, national courts and legal sanctions at the national level. Consisting of transnational commercial norms, both codified and uncodified, and legal norms, both national and international, a plural regime for the governance of transnational commercial transactions has emerged and developed in the past few decades. This article explores the interaction between various kinds of norms in this regime, identifies the effects of this interaction on the governance of transnational commercial transactions and shows the challenges to this interaction at the current stage. The central argument of this article is that the interaction between social and legal norms, namely incorporation and internalisation, and the three effects derived from incorporation and internalisation, namely systematisation, harmonisation and compliance enhancement, are evident at both the national and international levels. In particular, the emergence of codified transnational commercial norms that are positioned in the middle of the continuum between national legal norms and uncodified transnational commercial norms has brought changes to the interaction within the international dimension. Although the development of codified transnational commercial norms faces several challenges at the moment, it can be expected that these norms will play an increasingly important role in the future governance of transnational commercial transactions. |
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Contract Law and the Space Industry“Best Efforts” and the Emergence of Environmental Sustainability Provisions |
Journal | International Institute of Space Law, Issue 1 2016 |
Authors | Nicholas Puschman |
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Editorial |
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Journal | Erasmus Law Review, Issue 4 2015 |
Authors | Xandra Kramer and Shusuke Kakiuchi |
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Article |
An Economic Analysis of the Legal Liabilities of GNSS |
Journal | International Institute of Space Law, Issue 4 2015 |
Authors | Hatsuru Morita |
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Article |
Identifying Elements of lex mercatoria in the Space Domain |
Journal | International Institute of Space Law, Issue 1 2015 |
Authors | Anja Nakarada Pecujlic |
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Article |
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Journal | International Institute of Space Law, Issue 8 2014 |
Authors | Annette Froehlich |
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