Lessons Flashcards
(30 cards)
Rome 1 Regulations
govern choice of law for CONTRACTUAL OBLIGATIONS
Rome 2 Regulations
Govern choice of law for NON-CONTRACTUAL obligations
ART. 1-3 Rome 1 Regulations
There is almost unlimited freedom to choose the law of any country, irrespective of any connection with that country, subject to mandatory rules.
Simple mandatory rules
A given law would not be allowed to be excluded by contract if that law were the applicable law but which could be avoided by choice of a different law.
internationally mandatory rules
Apply regardless of the otherwise applicable law.
PECL
Principles of European Contract Law
ART. 4 Rome 1 Regulation
If parties do not specify a governing law or if their choice is invalidated, the governing law will be determined on the basis of some “objective connecting factor”.
ART. 5-8 Rome 1 Regulation
A contract for the sale of goods, service, franchise, distribution contract, shall be governed by the law of the country where the seller has his habitual residence.
ART. 19 “Habitual Residence”
- For companies: place in which the administration is located.
- For a natural person: principal point of the business.
ART. 25 Brussels 1 Regulations
If the parties agree jurisdiction to settle disputes those courts have in principle, EXCLUSIVE JURISDICTION
ART. 5 Brussels 1 Regulation
Individuals should only be sued in their member state of domicile.
ART. 4 Brussels 1 Regulations
Person domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.
Forum Shopping
A tactical practice pursued by some litigants to commerce legal action in “plaintiff friendly” jurisdiction even where no connection claim.
ART. 36-37 Brussels 1 Regulations
Ensures that judgments given in a member state are recognised and enforced in all other Member State without special procedures.
UNIDROIT
International Institute for the Unification of Private Law.
Convention on CISG
Convention on Contract for International Sales of Goods.
UNICITRAL
UN Commission on International TRAde Law.
ART. 25 CISG
“FUNDAMENTAL BREACH”
“a breach is fundamental if it results in such detriment to the other party as to substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach didn’t foresee such a result”
ART. 78 CISG
The damaged part can ask for the payment of interests in case of late payment, but CISG doesn’t specify the rate from which it is payable.
ART. 79 CISG
“FORCE MAJEURE”
“A party is not liable for failure to perform his obligations due to an impediment beyond his control and that he could not reasonably be expected to have taken it account at the time of conclusion of the contract or avoided its consequences”
INCOTERMS
INternational COmmercial TERMS
They are pre-determined trade terms used in sales contracts, useful to determine who is responsible at each step of transportation.
INCOTERMS > Vienna Convention
TTIP
Transatlantic Trade and Investment Partnership
TTP
Trans-Pacific Partnership
USMCA/NAFTA 2.0
USA, Mexico and CAnada trade deal
