Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
689 20 |
Ultima descărcare din IBN: 2024-04-19 17:30 |
SM ISO690:2012 ROTARU-MASLO, Liliana. Legea aplicabilă contractelor comerciale
internaţionale – noţiune, fundament şi importanţă
. In: Anuar Ştiinţific al Institutului de Relaţii Internaţionale, 2006, nr. 4, pp. 190-198. ISSN 1857-1840. |
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Anuar Ştiinţific al Institutului de Relaţii Internaţionale | ||||||
Numărul 4 / 2006 / ISSN 1857-1840 | ||||||
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Pag. 190-198 | ||||||
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Rezumat | ||||||
The final part of the international commercial contracts always raise the problem of the knowledge of the law system which will lead respective contracts. This problem is due to the fact that legal reports through which realize the international trade, by their nature, structure and their aim, have the international character. By the existence of the alien status elements put “in the conflict” more law system, which claim to be competent to govern, entirely or partially, these legal reports. The laws according to the international commercial contracts bring forefront the problem of determination the competent laws to solve the conflict. That’s why, the signatories, with a view to avoid the conflict of laws, they are freely to establish with one accord of the applicable law. With that end in view, still from the moment of the settlement of the contract, the signatories must take into account both the laws stipulations
of their country (namely the laws of the country which each of the signatories are linked trough the citizenship or residence) and the laws stipulations of the other third countries.
It can be the country law within achieve the will agreement or the juristic fact, because as a rule, the respective fact will be valid and it will have the influence in the third country, if
only it is concluded respecting the stipulations of these laws. Regarding the consequences of the juristic fact- namely the rights and the commitments that will resort to this – they are determined, generally by the signatories, on the basis of the will autonomy principle. If the signatories didn’t make such choice (election juris), these consequences will be led by the law contracts (lex contractus), that can be the law country by which it is concluded the fact (lex loci actus) or the law country that follows to be carried out (lex loci executionis or lex loci solutionis). |
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