scholarly journals RECOVERY OF DAMAGE CAUSED BY LATE PERFORMANCE OF OBLIGATIONS RESULTING FROM INTERNATIONAL COMMERCIAL CONTRACTS

InterConf ◽  
2021 ◽  
pp. 262-271
Author(s):  
Aurel Băieșu
Keyword(s):  
Comparative Law ◽  
Legal Regulations ◽  
Legal Systems ◽  
Uniform Law ◽  
International Tribunals ◽  
Contractual Obligations ◽  
Late Performance

This article analyses the different approaches in comparative law, arbitral practice and in doctrine regarding the institution of interest on late performance (default interest) allocated to compensate for the damage arising from the late performance of contractual obligations, known by most legal systems and instruments of uniform law. Despite the trend of harmonization of regulations in this area, national legislations enshrine different solutions regarding some aspects of this institution. Consequently, the national and international tribunals give various decisions, depending on the legal regulations and the international commercial customs that they consider applicable in the case, the jurisprudence in this field being different.

scholarly journals Change of Circumstances and Force Majeure Clauses in Serbian Legal System and Sources of International Uniform Law

2019 ◽  
Vol 57 (1) ◽  
pp. 67-86
Author(s):  
Stefan Ditrih ◽  
Svetlana Marković ◽  
Olgica Milošević
Keyword(s):  
Legal Framework ◽  
Legal Systems ◽  
Commercial Law ◽  
European Contract ◽  
Force Majeure ◽  
Fast Pace ◽  
Uniform Law ◽  
Contractual Obligations ◽  
Common European Sales Law

AbstractThe effects of globalisation are many. One of them is the effect that globalisation has on commercial contracts and contractual relations between contracting parties. Due to a fast pace of economy and the speed and volume of the conclusion of contracts in international trade, participants must rely on stable and reliable legal framework for contractual obligations. In globalised economy, traders from different countries bring with them individual trade practices and norms of national legislation, often diametrically opposed, and sometimes the legal institutes that are regulated in one country don’t even exist in another. This is the case with the institutes of force majeure and a change of circumstances. Due to large differences in the regulation of these two institutes in national legal systems, there have been demonstrated some attempts of standardisation and creation of a unified system of exemption from liability for non-performance, due to force majeure or a change of circumstances. This problem becomes even more evident when dealing with the long term contracts, which are prone to the effects of unforeseen circumstances. This paper aims to explore the nature of the above mentioned legal institutes in some of the most important sources of international commercial law. With a special attention paid to the Serbian regulatory solutions, in order to further understand the similarities and differences between the national legal systems and sources of international law. The first part of the paper deals with applicable legal framework in Republic of Serbia, concerning force majeure and a change of circumstances. The second part of the paper deals with the international sources of commercial law, such as UN Convention on Contracts for the International Sale of Goods of 1980; UNIDROIT Principles of International Commercial Contracts; Principles of European Contract Law; Draft Common Frame of Reference; and Common European Sales Law.

Foreign Relations Law

2019 ◽  
pp. 43-61
Author(s):  
Karen Knop
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Comparative Law ◽  
The United States ◽  
Legal Systems ◽  
The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

scholarly journals Elemér Balogh (1881-1955) The Forgotten Great Scholar of Roman Law and Comparative Law

2008 ◽  
Vol 3 (1) ◽  
Author(s):  
Gàbor Hamza
Keyword(s):  
Essential Role ◽  
Comparative Law ◽  
Roman Law ◽  
Legal Systems ◽  
Scientific Career ◽  
Great Scholar ◽  
International Academy

The oeuvre of Elemér Balogh, who played an essential role in founding the Académie Internationale de Droit Comparé (International Academy of Comparative Law), is almost unknown by generations of lawyers nowadays. In spite of the fact that regarding his scientific motivation and the greater part of his publications Professor Balogh (who had to emigrate from his homeland, Hungary) was a scholar of Roman law, the parts of his scientific career dealing with Roman law and other ancient legal systems are also unknown for many legal scholars. In the following, we will present the most important stages of his life and then his scientific oeuvre dealing with Roman law and comparative law. The mere fact that he was invited to attend the fourteenth centenary celebration of the promulgation of Justinian's Digest - where he delivered a lecture titled La procédure civile sous Justinien - is an evidence of his high reputation as a Romanist.

The Science of Comparative Law

1939 ◽  
Vol 7 (1) ◽  
pp. 94-110 ◽  
Author(s):  
M. Schmitthoff
Keyword(s):  
Comparative Method ◽  
Comparative Law ◽  
The Other ◽  
Definite Function ◽  
Special Study ◽  
Legal Systems ◽  
Legal Problem ◽  
Positive Law ◽  
Legal Science ◽  
The Law

In the course of the recent revival of the study of Comparative Law, repeated attempts have been made to define the nature and province of this branch of the law. Some writers maintain that Comparative Law represents a method of study rather than a department of legal science. They point to the fact that the technique of comparing different legal systems can be employed in almost every branch of the law and that Comparative Law, unlike the branches of positive law, does not fulfil a definite function in the life of society. In particular, writers on jurisprudence and history such as J. Bryce, Holland and Professor Jenks are inclined to subscribe to this view. Among the jurists who have made a special study of Comparative Law, Professor Gutteridge and Professor Kaden are strongly in favour of this view. Professor Gutteridge says: ‘The comparative method lends itself to the study of any branch of legal learning.’ According to Professor Kaden, it is the province of Comparative Law to disclose the points of agreement and difference in the solution which is provided by several legal systems for the same legal problem. The learned writer denies, however, that it is the function of Comparative Law to found a system of legal abstractions on the results of factual comparison. On the other hand, a number of students of Comparative Law consider their subject as a special branch of the science of law. Professor Saleilles, Professor Lambert and Professor Rabel support this view.

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms

2020 ◽  
Vol 30 (3) ◽  
pp. 361-387
Author(s):  
Rosemarie Monge ◽  
Nien-hê Hsieh
Keyword(s):  
Market Competition ◽  
Double Effect ◽  
Business Activity ◽  
Legal Regulations ◽  
Legal Systems ◽  
Payday Lending ◽  
Practical Ethics ◽  
Harmful Behavior ◽  
The Law

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect (LDE), which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners.

scholarly journals The Power of Comparative Law: What Types of Units Can Comparative Law Compare?

2019 ◽  
Vol 67 (4) ◽  
pp. 861-888
Author(s):  
Mathias Siems
Keyword(s):  
Dispute Resolution ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Rules ◽  
The Past

Abstract What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative law. Beyond this traditional scope, some comparatists include further topics, for example, suggesting that legal systems of the past, subnational laws, and informal forms of dispute resolution can also be possible units of comparative law. But why stop here? As many legal topics involve elements of comparison, it may only be logical to make any comparison in law part of the field of comparative law. However, such a suggestion about the broadening of comparative law also needs to assess whether the methods and concepts of comparative law can be made suitable for non-conventional units. Therefore, this Article will discuss both the possible extensions to the scope of comparative law and the corresponding power of comparative law to deal with these new units of comparison.

Development of Comparative Law in Latin America

2006 ◽  
pp. 260-302 ◽  
Author(s):  
Jan Kleinheisterkamp
Keyword(s):  
Latin America ◽  
Latin American ◽  
East Asian ◽  
Comparative Law ◽  
Legal Systems ◽  
American Law ◽  
Latin American Countries

Latin American law has largely been neglected by mainstream comparative law. The presumed ‘familiarity’ and the consequent perception of Latin American law as lacking sufficient originality, or rather exoticism, may explain why comparative works have often dedicated considerably more attention to Islamic, Hindu, and East-Asian law. The topics of both Latin American law as the object of comparative law, and comparative law as a subject in Latin American jurisprudence, have remained in the shade with the result that they have become battlegrounds for influence and domination. This article aims to provide a rough sketch of the development of comparative law in Latin America and its significance for, and impact on, the legal systems of the Latin American countries today.

Comparative Law in a Civil Society

1996 ◽  
Vol 24 (3) ◽  
pp. 263-269
Author(s):  
Kersi B. Shroff
Keyword(s):  
United States ◽  
Civil Society ◽  
Comparative Law ◽  
The United States ◽  
Legal Issues ◽  
United States Congress ◽  
Legal Systems ◽  
Library Of Congress ◽  
Main Research ◽  
Law Library

The main research responsibility of the Law Library of Congress is to serve as the research arm of the United States Congress for the study of the legal systems of other countries. The studies, reports, and briefings its specialists prepare provide a worldwide perspective to the Congress on particular legal issues. This type of work can generally be described as comparative law research.

Sign in / Sign up

Export Citation Format

Share Document