We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that the patent is valid; a presumption that the patent is invalid; no presumption regarding validity. Our findings reveal that any legal presumption – either in favor of validity or invalidity – is preferable than a no-presumption criterion when there is high uncertainty about the patent’s objective merit.
{"title":"The Role of Legal Presumptions in Patent Litigation","authors":"Alice Guerra, Tapas Kundu","doi":"10.2139/ssrn.3477505","DOIUrl":"https://doi.org/10.2139/ssrn.3477505","url":null,"abstract":"We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that the patent is valid; a presumption that the patent is invalid; no presumption regarding validity. Our findings reveal that any legal presumption – either in favor of validity or invalidity – is preferable than a no-presumption criterion when there is high uncertainty about the patent’s objective merit.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115576801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-27DOI: 10.4337/9781786436153.00010
Lisa Spagnolo
This chapter focusses on purposes of modern sales law, the forces that influence utilization of uniform sales law, and challenges our perceptions about the suitability of domestic and uniform law in governing international sales. Part II examines the purposes and functions of modern sales law, and in particular, our expectations of it. To this end, the underlying aims behind sales law are briefly reviewed, especially that of international uniform sales law, including the CISG, the UNIDROIT Principles of International Commercial Contracts, and the INCOTERMS 2010. During this discussion, a contrast is drawn between the way in which domestic and uniform sales law express their aims, and how this alters expectations and the debate. Part II builds upon this to explain how each tends to be viewed by lawyers and business in practice. The final sections of Part II touch upon current rates of use of uniform sales law, as this is frequently overlooked by many engaged in the debate.
Parts III and IV then give shape to the theme of this book, that is, the forces behind uniformity and disintegration. The author posits that the pertinent question is not whether there is more or less uniformity in an absolute sense, but whether relevant forces tend to encourage optimal or inefficient choices of law. In other words, which factors might be influential improving decisions about whether to use uniform sales law, and which forces instead encourage poorly informed choices. Part III outlines a number of forces which promote uniformity in the sense of encouraging better informed decisions. It looks internally to the ability of businesses to take advantage of uniform sales laws to streamline their contract management costs, the flexibility inherent in uniform sales laws instruments to come together in different combinations to provide tailored solutions, the globalization of legal education, the establishment of a number of bodies whose aims are to assist in raising awareness of uniform law or promoting stability and development of uniform law, and the impact of Chinese economic influence.
Part IV then turns to forces which may exacerbate existing market distortions, including diversity of sources of uniform sales law, diverse interpretation of uniform sales law in national courts and tribunals, the dangers of uninformed debate in inflaming existing bias in decision making, and the potential effect of regionalism and nationalism. Part IV briefly revisits the benefits of diversity and uniformity in sales law, before the conclusion in Part V, in which the author challenges us to rethink how we evaluate the suitability of domestic law for international transactions.
{"title":"Unification, Disintegration or Optimization – Purposes of Modern Sales Law","authors":"Lisa Spagnolo","doi":"10.4337/9781786436153.00010","DOIUrl":"https://doi.org/10.4337/9781786436153.00010","url":null,"abstract":"This chapter focusses on purposes of modern sales law, the forces that influence utilization of uniform sales law, and challenges our perceptions about the suitability of domestic and uniform law in governing international sales. Part II examines the purposes and functions of modern sales law, and in particular, our expectations of it. To this end, the underlying aims behind sales law are briefly reviewed, especially that of international uniform sales law, including the CISG, the UNIDROIT Principles of International Commercial Contracts, and the INCOTERMS 2010. During this discussion, a contrast is drawn between the way in which domestic and uniform sales law express their aims, and how this alters expectations and the debate. Part II builds upon this to explain how each tends to be viewed by lawyers and business in practice. The final sections of Part II touch upon current rates of use of uniform sales law, as this is frequently overlooked by many engaged in the debate. <br><br>Parts III and IV then give shape to the theme of this book, that is, the forces behind uniformity and disintegration. The author posits that the pertinent question is not whether there is more or less uniformity in an absolute sense, but whether relevant forces tend to encourage optimal or inefficient choices of law. In other words, which factors might be influential improving decisions about whether to use uniform sales law, and which forces instead encourage poorly informed choices. Part III outlines a number of forces which promote uniformity in the sense of encouraging better informed decisions. It looks internally to the ability of businesses to take advantage of uniform sales laws to streamline their contract management costs, the flexibility inherent in uniform sales laws instruments to come together in different combinations to provide tailored solutions, the globalization of legal education, the establishment of a number of bodies whose aims are to assist in raising awareness of uniform law or promoting stability and development of uniform law, and the impact of Chinese economic influence.<br><br>Part IV then turns to forces which may exacerbate existing market distortions, including diversity of sources of uniform sales law, diverse interpretation of uniform sales law in national courts and tribunals, the dangers of uninformed debate in inflaming existing bias in decision making, and the potential effect of regionalism and nationalism. Part IV briefly revisits the benefits of diversity and uniformity in sales law, before the conclusion in Part V, in which the author challenges us to rethink how we evaluate the suitability of domestic law for international transactions. <br>","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126124589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyses the process known as a ‘third-party expert determination’ (ED), where, by virtue of an ED clause in the contract, the parties agree to refer an issue, difference or dispute to an expert, whose decision is final and binding on them. In particular, it examines the validity of the oft-repeated proposition that the grounds for challenging ED are very limited, and argues that this oversimplifies the true state of the law, and that ideas of freedom of contract and party autonomy are insufficiently implemented in the law on ED. This paper proposes solutions that promote finality, which is vital to the effectiveness and reliability of the ED process, and that restrict room for judicial interference. Further, the paper demonstrates the increasing complexity of the law on ED and advocates approaches that are conducive to greater legal certainty.
{"title":"Challenging a Third-Party Expert Determination","authors":"D. Saidov","doi":"10.2139/ssrn.3451751","DOIUrl":"https://doi.org/10.2139/ssrn.3451751","url":null,"abstract":"This paper analyses the process known as a ‘third-party expert determination’ (ED), where, by virtue of an ED clause in the contract, the parties agree to refer an issue, difference or dispute to an expert, whose decision is final and binding on them. In particular, it examines the validity of the oft-repeated proposition that the grounds for challenging ED are very limited, and argues that this oversimplifies the true state of the law, and that ideas of freedom of contract and party autonomy are insufficiently implemented in the law on ED. This paper proposes solutions that promote finality, which is vital to the effectiveness and reliability of the ED process, and that restrict room for judicial interference. Further, the paper demonstrates the increasing complexity of the law on ED and advocates approaches that are conducive to greater legal certainty.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134163018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.26686/vuwlr.v51i1.6519
Rosa Laugesen
In Low Volume Vehicle Technical Association Inc v Brett, the New Zealand Court of Appeal grappled with the rare issue of whether a person can waive their right to freedom of expression under the New Zealand Bill of Rights Act 1990 (NZBORA). The Court, responding in the affirmative, concluded that Mr Brett had waived this right. This article critiques that decision. While the Court was right to find that Mr Brett could waive his right to freedom of expression, it failed to scrutinise the waiver to ensure that this relinquishment of a protected right in fact reflected Mr Brett's free choice. Had the Court considered a different approach to analysing Mr Brett's waiver – at the prima facie breach stage, instead of under s 5 of the NZBORA – proper scrutiny would have been achieved. That approach would have ensured that Mr Brett was not so easily deprived of his right.
在Low Volume Vehicle Technical Association Inc .诉Brett一案中，新西兰上诉法院处理了一个罕见的问题，即一个人是否可以根据《1990年新西兰权利法案》(NZBORA)放弃其言论自由权。法院的答复是肯定的，结论是布雷特先生放弃了这项权利。本文批评了这一决定。虽然法院认定布雷特先生可以放弃他的言论自由权是正确的，但它未能仔细审查这种放弃，以确保这种放弃受保护的权利实际上反映了布雷特先生的自由选择。如果法院考虑一种不同的方法来分析布雷特的豁免——在表面违约阶段，而不是在NZBORA第5条之下——就可以进行适当的审查。这种做法将确保布雷特的权利不会轻易被剥夺。
{"title":"Depriving Right-Holders of Fundamental Rights and Freedoms Too Easily? Low Volume Vehicle Technical Association Inc v Brett and the Issue of Waiver under the New Zealand Bill of Rights Act 1990","authors":"Rosa Laugesen","doi":"10.26686/vuwlr.v51i1.6519","DOIUrl":"https://doi.org/10.26686/vuwlr.v51i1.6519","url":null,"abstract":"In Low Volume Vehicle Technical Association Inc v Brett, the New Zealand Court of Appeal grappled with the rare issue of whether a person can waive their right to freedom of expression under the New Zealand Bill of Rights Act 1990 (NZBORA). The Court, responding in the affirmative, concluded that Mr Brett had waived this right. This article critiques that decision. While the Court was right to find that Mr Brett could waive his right to freedom of expression, it failed to scrutinise the waiver to ensure that this relinquishment of a protected right in fact reflected Mr Brett's free choice. Had the Court considered a different approach to analysing Mr Brett's waiver – at the prima facie breach stage, instead of under s 5 of the NZBORA – proper scrutiny would have been achieved. That approach would have ensured that Mr Brett was not so easily deprived of his right.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128607818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contracts commit individuals to a future course of action and create feelings of entitlement on the parties. In a contractual gap, parties’ duties and rights are not univocal, and while promisors will often feel entitled to breach, promisees will feel entitled to receive the promised performance. This divergence leads to disputes, aggrievement, and retaliatory behavior whenever one of the parties feels shortchanged. Remedies for breach are then apt not only to induce performance by promisors, but also to minimize promisees’ aggrievement, reduce retaliation, and thereby keep the peace in society. This article reports results from an experiment that investigates under what circumstances promisees retaliate to breach and to what extent expectation damages fulfill the function of crowding out retaliatory behavior. It reveals how norms of fairness play a fundamental role in shaping parties’ reactions to breach, as promisees did not punish any violation of a prior agreement. They rather punished breach when the promisor profited from it, and the outcome was an unfair distribution of the gains from trade. Neither loss of expectancy nor the inefficiency of the result induced retaliation. Expectation damages successfully crowded out retaliation by disappointed promisees, and thereby avoided high welfare losses from decentralized forms of punishment of perceived wrongs.
{"title":"Retaliation, Remedies, and Contracts","authors":"Sergio Mittlaender, V. Buskens","doi":"10.1093/ALER/AHZ006","DOIUrl":"https://doi.org/10.1093/ALER/AHZ006","url":null,"abstract":"\u0000 Contracts commit individuals to a future course of action and create feelings of entitlement on the parties. In a contractual gap, parties’ duties and rights are not univocal, and while promisors will often feel entitled to breach, promisees will feel entitled to receive the promised performance. This divergence leads to disputes, aggrievement, and retaliatory behavior whenever one of the parties feels shortchanged. Remedies for breach are then apt not only to induce performance by promisors, but also to minimize promisees’ aggrievement, reduce retaliation, and thereby keep the peace in society. This article reports results from an experiment that investigates under what circumstances promisees retaliate to breach and to what extent expectation damages fulfill the function of crowding out retaliatory behavior. It reveals how norms of fairness play a fundamental role in shaping parties’ reactions to breach, as promisees did not punish any violation of a prior agreement. They rather punished breach when the promisor profited from it, and the outcome was an unfair distribution of the gains from trade. Neither loss of expectancy nor the inefficiency of the result induced retaliation. Expectation damages successfully crowded out retaliation by disappointed promisees, and thereby avoided high welfare losses from decentralized forms of punishment of perceived wrongs.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"312 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116598530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There may be many reasons that rights and/or obligations under a contract would need to be shifted to another party. For instance, if you buy the assets of company X, the contracts to which company X is a party to are an integral part of that company and you will want all those contracts to be transferred to you. As part of that process, the terms “Assignment” and “Novation” are often used interchangeably. But they are not the same thing, each method is distinct. each of them has unique features that needs to be strictly considered when deciding which is the preferred option. This article explains the critical differences between the two.
{"title":"Assignment and Novation: Are They the Same?","authors":"Malek Oshani","doi":"10.2139/ssrn.3366794","DOIUrl":"https://doi.org/10.2139/ssrn.3366794","url":null,"abstract":"There may be many reasons that rights and/or obligations under a contract would need to be shifted to another party. For instance, if you buy the assets of company X, the contracts to which company X is a party to are an integral part of that company and you will want all those contracts to be transferred to you. As part of that process, the terms “Assignment” and “Novation” are often used interchangeably. But they are not the same thing, each method is distinct. each of them has unique features that needs to be strictly considered when deciding which is the preferred option. This article explains the critical differences between the two.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126841503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter examines trading in the context of global supply chains. It begins by exploring the relationship between the different types of global chains and their transactional features as well as the regulatory techniques focussing on the combination of standardization and customisation of contracts in global chains. It then develops an argument, that sales contracts within global supply chains are very different from the more typical ‘isolated’ sales, by focussing on several areas: (non-)conformity of goods, monitoring of the seller’s performance, the buyer’s remedies for breach of contract, and post-contractual obligations. The chapter contends that, bearing in mind the increasing regulatory function of sales law in international trade, the international sales law regimes need to adjust their legal architecture to adequately accommodate the features of supply chains.
{"title":"Sales in Global Supply Chains: A New Architecture of the International Sales Law","authors":"F. Cafaggi","doi":"10.2139/ssrn.3314982","DOIUrl":"https://doi.org/10.2139/ssrn.3314982","url":null,"abstract":"This chapter examines trading in the context of global supply chains. It begins by exploring the relationship between the different types of global chains and their transactional features as well as the regulatory techniques focussing on the combination of standardization and customisation of contracts in global chains. It then develops an argument, that sales contracts within global supply chains are very different from the more typical ‘isolated’ sales, by focussing on several areas: (non-)conformity of goods, monitoring of the seller’s performance, the buyer’s remedies for breach of contract, and post-contractual obligations. The chapter contends that, bearing in mind the increasing regulatory function of sales law in international trade, the international sales law regimes need to adjust their legal architecture to adequately accommodate the features of supply chains.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126421168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Increasing Growth of Conclusion of Smart Contracts on Ethereum raises numerous intriguing Legal Questions in respect of such Smart Contracts. The latter could be categorized into two Main Categories: (I) Weak Smart Contracts & (II) Strong Smart Contracts. Weak Smart Contracts are Smart Contracts which are Revocable or Relatively Irrevocable. On the other hand, Strong Smart Contracts are Smart Contracts which are Absolutely Irrevocable. Smart Contracts on Blockchains (i.e. Ethereum) usually take the form of Strong Smart Contracts. In this regard, this paper will focus solely on Strong Smart Contracts. First, we need to figure out whether there are Absolutely Irrevocable Agreements under Contract Law. If yes, then we need to explore how the National Courts and the Arbitral Tribunals have dealt with such Contracts in Practice. Second, most of the disputes that would arise out of Strong Smart Contracts would be dealing with cross-border transactions, and therefore arbitration would be normally the optimal dispute resolution mechanism for these disputes. Therefore, we need to determine the Legal Issues associated with the Arbitration of Disputes arising out of or in relation to Strong Smart Contracts. Precisely, we need to define the Safeguards that must be developed to ensure the Recognition and Enforcement of Arbitral Awards for these Disputes on an International Level under the New York Convention. Third, Arbitration itself could take the form of a Strong Smart Contract. Thus, we have to consider whether Strong Smart Arbitration Contracts are legally viable in the first place. Specifically, whether the Absolute Irrevocability of such Strong Smart Arbitration Contracts would constitute an Obstacle to the Recognition & Enforcement of such Agreements before the National Courts. Finally, we could lend our help to the Tech Community through 3 main efforts: (1) Survey the Current Initiatives proposed in the White Papers prepared by the Tech Community; (2) Assess how far the Tech Community is taking into consideration all the Potential Legal Dilemmas associated with Smart Contracts' Dispute Resolution & (3) Prescribe Possible Legal Solutions that would also make sense from in the eyes of the Tech Community.
{"title":"Smart Contracts & International Arbitration","authors":"I. Shehata","doi":"10.2139/SSRN.3290026","DOIUrl":"https://doi.org/10.2139/SSRN.3290026","url":null,"abstract":"The Increasing Growth of Conclusion of Smart Contracts on Ethereum raises numerous intriguing Legal Questions in respect of such Smart Contracts. The latter could be categorized into two Main Categories: (I) Weak Smart Contracts & (II) Strong Smart Contracts. Weak Smart Contracts are Smart Contracts which are Revocable or Relatively Irrevocable. On the other hand, Strong Smart Contracts are Smart Contracts which are Absolutely Irrevocable. Smart Contracts on Blockchains (i.e. Ethereum) usually take the form of Strong Smart Contracts. In this regard, this paper will focus solely on Strong Smart Contracts. First, we need to figure out whether there are Absolutely Irrevocable Agreements under Contract Law. If yes, then we need to explore how the National Courts and the Arbitral Tribunals have dealt with such Contracts in Practice. Second, most of the disputes that would arise out of Strong Smart Contracts would be dealing with cross-border transactions, and therefore arbitration would be normally the optimal dispute resolution mechanism for these disputes. Therefore, we need to determine the Legal Issues associated with the Arbitration of Disputes arising out of or in relation to Strong Smart Contracts. Precisely, we need to define the Safeguards that must be developed to ensure the Recognition and Enforcement of Arbitral Awards for these Disputes on an International Level under the New York Convention. Third, Arbitration itself could take the form of a Strong Smart Contract. Thus, we have to consider whether Strong Smart Arbitration Contracts are legally viable in the first place. Specifically, whether the Absolute Irrevocability of such Strong Smart Arbitration Contracts would constitute an Obstacle to the Recognition & Enforcement of such Agreements before the National Courts. Finally, we could lend our help to the Tech Community through 3 main efforts: (1) Survey the Current Initiatives proposed in the White Papers prepared by the Tech Community; (2) Assess how far the Tech Community is taking into consideration all the Potential Legal Dilemmas associated with Smart Contracts' Dispute Resolution & (3) Prescribe Possible Legal Solutions that would also make sense from in the eyes of the Tech Community.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133943813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Developing trade relations between states, improving transport and removing economic barriers between states reflects the fact that international contractual relations in the area sales are constantly growing. As a result, there is a need to provide a general understanding of the parties' legal rights and obligations in these contractual trade relations. Historically, states have made constant efforts to regulate their trade patterns through their customs and practices, despite these attempts, many cases were filed before arbitration and international courts, as a result of differences in traditions and customs between states. This was the reason why the unification and harmonization of legislation in this area was necessary. In this topic we summarize the meaning of the contracts, the international trade habits, the problems related to the formation of the sales contract under the Vienna Convention, we will summarize the elements of the contract fulfillment, the rights and obligations of the parties, sanctions for non-fulfillment of contracts, there is also a space in this paper that we have given to international organizations with a commercial character and membership of Kosovo in these organizations.
{"title":"International Contracts","authors":"Granit Kelmendi","doi":"10.2139/ssrn.3241806","DOIUrl":"https://doi.org/10.2139/ssrn.3241806","url":null,"abstract":"Developing trade relations between states, improving transport and removing economic barriers between states reflects the fact that international contractual relations in the area sales are constantly growing. As a result, there is a need to provide a general understanding of the parties' legal rights and obligations in these contractual trade relations. Historically, states have made constant efforts to regulate their trade patterns through their customs and practices, despite these attempts, many cases were filed before arbitration and international courts, as a result of differences in traditions and customs between states. This was the reason why the unification and harmonization of legislation in this area was necessary. In this topic we summarize the meaning of the contracts, the international trade habits, the problems related to the formation of the sales contract under the Vienna Convention, we will summarize the elements of the contract fulfillment, the rights and obligations of the parties, sanctions for non-fulfillment of contracts, there is also a space in this paper that we have given to international organizations with a commercial character and membership of Kosovo in these organizations.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123455005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper is part of a book symposium dedicated to Dagan and Heller's "Choice Theory of Contracts". The paper focuses on the applications of the main argument of the book to family law, and offers seven short critiques of the argument in this regard.
{"title":"Family, Contracts, Autonomy and Choice: A Comment on Dagan and Heller’s Choice Theory of Contracts","authors":"Sharon Shakargy","doi":"10.1093/jrls/jly037","DOIUrl":"https://doi.org/10.1093/jrls/jly037","url":null,"abstract":"This paper is part of a book symposium dedicated to Dagan and Heller's \"Choice Theory of Contracts\". The paper focuses on the applications of the main argument of the book to family law, and offers seven short critiques of the argument in this regard.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122397205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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