scholarly journals La Convention des Nations Unies sur les contrats de vente internationale de marchandises : Étude comparative des dispositions de la Convention et des règles de droit québécois en la matière

2005 ◽  
Vol 23 (4) ◽  
pp. 919-1008
Author(s):  
Claude Samson
Keyword(s):  
International Trade ◽  
International Business ◽  
Civil Law ◽  
Civil Code ◽  
Etude Comparative ◽  
Étude Comparative ◽  
Business Transactions ◽  
Civil Code Of Quebec ◽  
Uniform Law ◽  
International Sale Of Goods

On April 11, 1980, the U.N. Diplomatic Conference held in Vienna approved the Convention on contracts for the International Sale of Goods. This paper deals with the most interesting aspects of the Convention, comparing them with the rules of the Civil Code and the Draft Civil Code of Quebec on this matter. The provisions of this international uniform law are quite close to the rules and remedies existing in civil law juridictions. The major differences between the Convention and the Quebec Law are more technical than substantial. The differences between the uniform law and the national law can also be explained by particular circumstances of international trade which require more celerity and security in the field of international business transactions.

The Problems of Legal Research in International Business Transactions

1982 ◽  
Vol 10 (6) ◽  
pp. 344-358 ◽  
Author(s):  
Igor I. Kavass
Keyword(s):  
International Trade ◽  
International Business ◽  
Legal Aspects ◽  
Legal Research ◽  
University Of Illinois ◽  
Business Transactions

The first important bibliography on the legal aspects of international business was compiled by Adolf Sprudzs. It was published in 1965University of Illinois Law Forum, 872–899 under the title “Selected Bibliography on International Trade, Investment and Organization”. This paper is dedicated to him in recognition of his distinguished scholarship in the field of bibliographic research.

scholarly journals PENERAPAN PRINSIP-PRINSIP UNIDROIT DAN KONVENSI INTERNASIONAL TERHADAP PEMBAHARUAN HUKUM KONTRAK INDONESIA

LITIGASI ◽  
2016 ◽  
Vol 15 (1) ◽  
Author(s):  
An An Chandrawulan
Keyword(s):  
International Trade ◽  
Contract Law ◽  
Civil Code ◽  
Law Reform ◽  
Legal Certainty ◽  
International Convention ◽  
Legal Principles ◽  
Business Transactions ◽  
The World ◽  
The Government

The development of business transaction require a new national contract law. Correspondingly, the UNIDROIT Principles of International Commercial Contracts and the International Convention on the sale of Goods (UNCITRAL CISG 1980) sets out principles contained in it may be adopted into a new national contract laws in the future. This research aims to examine in depth the urgency of contract law reform in Indonesia either through adjustment to the development of practice or through a complete overhaulof the Indonesian National Contract Law contained in Book III of the Civil Code (BW) by adopting principles of contract law that is universally applicable in the world. The Result of this research indicate that contract law contained in Book III of the Civil Code has be enunable to meet the demands of the business transactions today. Because it does not explicitly specifying the principles espoused by the international contract law as listed in the UNIDROIT Principles, therefore the new contract law apply the principles contained the provisions of the UNIDROIT Principles for International Commercial Contracts. So setting the forth coming contract to accommodate the interests of society, especially the government, businesses both domestically and internationally so that we will be a player in this era of globalization. Application of the principles of the CISG is based on the CERD and the general legal principles that apply in various countries around the world can be adopted into law the new Indonesian contract, so Indonesian contract law which will come to accommodate the interests and provide protection and legal certainty to the entrepreneurs, especially in the field of international trade. Keywords : Law Reform; Contract; UNIDROIT; CISGABSTRAKAdanya perkembangan transaksi bisnis memerlukan suatu perangkat hukum kontrak nasional yang baru. Sejalan dengan itu, Unidroit Principles of International Commercial Contract dan Konvensi Jual Beli Internasional (UNCITRAL CISG 1980) memuat prinsip-prinsip yang dapat diadopsi ke dalam hukum kontrak nasional yang baru nanti. Penelitian ini bertujuan menelaah secara mendalam urgensi pembaharuan hukum kontrak di Indonesia, apakah melalui penyesuaian terhadap perkembangan praktik yang sudah ada ataukah melalui perombakan total Hukum Perjanjian Nasional Indonesia yang terdapat dalam Buku III KUHPerdata (BW) dengan mengadopsi prinsip-prinsip hukum kontrak yang berlaku universal di dunia. Berdasarkan hasil penelitian hukum kontrak yang termuat dalam Buku III KUHPerdata sudah tidak dapat memenuhi tuntutan perkembangan transaksi bisnis saat ini, karena tidak secara eksplisit mencatumkan  prinsip-prinsip yang dianut oleh hukum kontrak internasional seperti yang tercantum dalam UNIDROIT Principles. Oleh karena itu seyogyianya dalam pembaharuan hukum kontrak diterapkan prinsip-prinsip yang terdapat dalam ketentuan UNIDROIT Principle for Internasional Commercial Contract. Penerapan prinsip-prinsip dalam CISG yang didasari oleh CERD dan prinsip-prinsip hukum umum yang berlaku diberbagai negara di belahan dunia dapat diadopsi kedalam hukum kontrak Indonesia baru, sehingga hukum kontrak Indonesia yang akan datang dapat mengakomodir kepentingan dan memberikan perlindungan serta kepastian hukum kepada para pelaku usaha khususnya yang bergerak di bidang perdagangan internasional. Kata Kunci : Pembaharuan  Hukum; Kontrak; UNIDROIT; CISG 

scholarly journals Louisiana and Quebec Terminology as a Tool in Polish-English Legal Translation

2018 ◽  
Vol 53 (1) ◽  
pp. 163-176
Author(s):  
Przemysław Kusik
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Tradition ◽  
Legal Translation ◽  
Conceptual Background ◽  
Civil Code Of Quebec ◽  
English Speaking ◽  
Unique Source ◽  
Civil Codes

Abstract While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background. The civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation.

scholarly journals In Defence of the CISG

2009 ◽  
Vol 14 (1) ◽  
pp. 99 ◽  
Author(s):  
Christopher Kee ◽  
Edgardo Munoz
Keyword(s):  
International Trade ◽  
Vienna Convention ◽  
Strong Basis ◽  
The World ◽  
Uniform Law ◽  
The Law ◽  
International Sale Of Goods

In this article, the authors respond to certain criticisms made against the 1980 Vienna Convention on Contracts for the International Sale of Goods (the ‘CISG’) and explain what they perceive as the shortcomings of, and impediments to, a particular model of a proposed new global code. A goal of both the CISG and the proposed global code is to create an environment which promotes international trade. Predictability in the law is a fundamental element to achieve such an environment. The CISG has been criticised as failing to provide such predictability. It has been suggested that it has not been uniformly interpreted, contains internal inconsistencies and allows countries to establish varying mini-codes. While there may be some merit in some of these criticisms there is also much that is overstated and wrong. The CISG may not be a perfect instrument. However, it has been widely accepted and that alone makes it a strong basis from which to develop. A global code applied with absolute uniformity throughout the world might provide predictability. However, such a uniform law is unrealistic and, in any event, undesirable. The authors propose a more realistic solution. The law should be the framework upon which individually nuanced contracts could be built. Predictability is obtained by developing and establishing avenues of communication. It is also obtained by developing and establishing means of explaining and understanding the concepts upon which the framework has been built. The CISG allows for all of this.

scholarly journals Changing Codes and Changing Constitutions

2005 ◽  
Vol 46 (3) ◽  
pp. 629-670 ◽  
Author(s):  
Hoi Kong
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Federal Law ◽  
Design Features ◽  
Division Of Powers ◽  
Civil Union ◽  
Civil Code Of Quebec ◽  
The Rich ◽  
Area Of Study

In this article, the author addresses a neglected area of study, namely codal amendment in Canada. The author argues that the theoretical justi-fcations for the Civil Code of Québec and its distinctive design features raise concerns about how the Code is currently amended. In response to these concerns, the author draws on the rich literature concerning law reform in Canada to propose a reform institute that is charged with overseeing the process of codal amendment. Moreover, the author contends that when Canadian courts and Parliament respond to and the Quebec legislature effects changes to codal text they should be closely attentive to the purposes underlying the constitutional division of powers. To illustrate this last contention, the author critiques the Federal Law — Civil Law Harmonization Act, No. 1 and recent legislative and judicial developments respecting marriage and the civil union.

scholarly journals Testing the Origins of the Family Patrimony in Everyday Law

2005 ◽  
Vol 36 (4) ◽  
pp. 795-841 ◽  
Author(s):  
Nicholas Kasirer
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Order ◽  
Property Law ◽  
Sociological Study ◽  
Married Life ◽  
The Family ◽  
Civil Code Of Quebec ◽  
A Share

This essay seeks to reevaluate the origins of the family patrimony by challenging the idea that the provisions introduced into the Civil Code of Québec in 1989 amounted to new law. The family patrimony is not simply a statutory trust borrowed maladroitly from Ontario, nor does it reflect a moral postulate that, prior to 1989, had no legal status. It may be argued, in advance of sociological study, that the family patrimony should be understood as reflecting customary norms that were already present in the Quebec legal order at the time of its enactment. Where wealth is accumulated by the spouses during the period that marriage is lived as a joint economic endeavour, rules of everyday law may require the sharing of certain property without regard to which of them has formal title thereto. These customary norms, obscured doctrinally by a modern disinclination among jurists to look beyond state-made law and its adjuncts in the regulation of married life, are potent sources of family property law. Once the manner in which everyday law complements the formal law of matrimonial property is made plain, it becomes apparent that the claim to a share of the family patrimony is not, in fact, a break with tradition in Quebec's Civil law of family property.

scholarly journals Alive and Kicking — The Story of Lesion and the Civil Code of Québec

2011 ◽  
Vol 51 (2) ◽  
pp. 445-465
Author(s):  
Kerianne Wilson
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Social Climate ◽  
Lower Canada ◽  
Civil Code Of Quebec ◽  
The 1950S

Québec civil law had excluded lesion between majors entirely from the Civil Code of Lower Canada. The changing social climate of the 1950s and 1960s and the accompanying popularity of the philosophy of contractual justice set the stage for the Civil Code Revision Office and a dramatic reversal of the place of lesion in Québec law. But this expectation came to nothing as lesion between majors was, for all intents and purposes, excluded from the Civil Code of Québec. In recent years, however, the judiciary has used other means, namely abusive clauses and economic error, to reach the same end to a large extent. The result is desirable, but the legitimacy of this initiative remains controversial.

scholarly journals ANALISIS YURIDIS MENGENAI PENTINGNYA KLAUSULA PILIHAN HUKUM DAN/ATAU PILIHAN FORUM DALAM KONTRAK BISNIS INTERNASIONAL

2020 ◽  
Vol 7 (1) ◽  
pp. 27
Author(s):  
Michael Saputra Prajugo
Keyword(s):  
International Business ◽  
Legal System ◽  
Research Method ◽  
Research Question ◽  
Civil Law ◽  
Civil Code ◽  
Conceptual Approach ◽  
Choice Of Law ◽  
Important Thing ◽  
Business Contract

One sphere regulated by International Civil Law is international business contracts which contain foreign elements. The existence of foreign elements in international business contracts is followed by the emergence of the freedom of the parties to determine choice of law and/or choice of forum. Without the inclusion of choice of law and/or choice of forum clauses, problems will arise about which country’s law applies and which forum is authorized to resolve international business contract disputes. One important thing related to choice of law and/or choice of forum in international business contracts is the limitations toward them. The research question is what are the limitations toward choice of law and/or choice of forum in international business contracts?. The research method used is juridical normative with statute approach and conceptual approach as problem approaches. The result of the research explicates in general, the limitations toward choice of law and/or choice of the forum in international business contracts are the limitations determined in Article 1339 of the Civil Code namely not contrary to propriety, customs, laws, and applicable legal system in every country. The parties need to understand the limitations toward choice of law and/or choice of forum clauses in international business contracts and implement them when making choice of law and/or choice of forum clauses so these clauses are not null and void.

Should Iran join the United Nations Convention on Contracts for International Sale of Goods?

2021 ◽  
Author(s):  
Ali Moghaddam Abrishami
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal System ◽  
Contract Law ◽  
Advantages And Disadvantages ◽  
Trading Partners ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

Abstract After 40 years of the United Nations Convention on Contracts for International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.

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