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Purpose – This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles … literature research and case study under the PICC.Findings – the contract terms shall be interpreted according to the common … intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning …
Persistent link: https://www.econbiz.de/10012837702
The Brussels Ia Regulation leaves businesses no feasible option for a choice of jurisdiction in cross-border B2C contracts. The recent judgment by the European Court of Justice in the Ryanair case confirms that the Court will not tolerate any attempts to circumvent the regulatory aim of...
Persistent link: https://www.econbiz.de/10012946559
It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement clauses that are tailored to their individual preferences....
Persistent link: https://www.econbiz.de/10012901126
, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they … foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the … would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law …
Persistent link: https://www.econbiz.de/10014135097
reliance on Article 4 CISG, and (2) the use of dogmatic categories of domestic law such as "contract" and "tort". Both are …
Persistent link: https://www.econbiz.de/10013085388
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This paper studies the optimal structure of procurement contracts between public and private sectors by mainly comparing two typical procurement types: traditional procurement and public-private partnership (PPP). We first set up a principal-agent model focusing on bundling effects of...
Persistent link: https://www.econbiz.de/10011903604
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