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  • Essay / International Law Case Study - 1676

    UNIDROITUNIDROIT is well known as the International Institute for the Unification of Private Law, as an intergovernmental organization on the synchronization of private international law. Its projects consist of the drafting of international conventions and the production of model laws. In 2014, UNIDROIT has 63 member states. UNIDROIT PREAMBLE These principles set out the general rules of international commercial contracts. They will be applied when the parties have agreed that their contract is governed by them. They can be applied when the parties have agreed that their contract is governed by general principles of law, lex marcatoria or otherwise. They can be applied when the parties have not chosen any law to govern their contract. be used to interpret or supplement instruments of uniform international law. They can be used to interpret or supplement national law. They can serve as a model for national and international legislators. The principles set out general rules that are primarily designed for “international commercial contracts”.1. “international” contractsThe international character of a contract can be defined in very different ways. The solutions adopted in national and international legislation vary from reference to the place of activity or habitual residence of the parties in different countries to the adoption of additional general criteria such as the contract having "significant links with several States", “involving a choice between the laws of different States” or “affecting the interests of international commerce”. The principles do not set any of these criteria. The assumption, however, is that the concept of international contracts should be considered as broadly as possible... middle of document ...... exhaustively. Thus, the principles can also serve as a guide for drafting contracts. In particular, the principles help identify the issue to be addressed in the contract and provide neutral legal terminology uniformly understandable by all parties involved. Such use of the principles is enhanced by the fact that they are accessible in a large number of languages. The principles may also be used as an alternative to otherwise applicable domestic law. This is the case whenever it proves impossible or extremely complicated to establish the relevant rule of that particular domestic law with regard to a specific issue, i.e. it would involve disproportionate efforts. and costs. The reasons for this are generally the extraordinary nature of the legal sources of domestic law in question and the cost of accessing them...