International Unification of Contract Law

To protect contracts, eliminate International trade barriers and regulatenew forms of trade relations, states have long strived to minimize differencesin their legal systems as to provide more desirable legal protection forinternational economic activities. Despite the fact that these unified codesa...

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Main Authors: Mahmood Jalali, Masumeh Shakoori
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2013-03-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:https://jplr.atu.ac.ir/article_2241_c7c3bf12ed18ccfea51d445301937723.pdf
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author Mahmood Jalali
Masumeh Shakoori
author_facet Mahmood Jalali
Masumeh Shakoori
author_sort Mahmood Jalali
collection DOAJ
description To protect contracts, eliminate International trade barriers and regulatenew forms of trade relations, states have long strived to minimize differencesin their legal systems as to provide more desirable legal protection forinternational economic activities. Despite the fact that these unified codesare transnational and are thus considered non-binding in nature, contractingparties may agree to give them a binding force if so desired. Transnationalcodes mainly come in to force after national constitutional ratificationrequirements including those of Iran are satisfied otherwise theirenforceability may only be assumed to the extent where they have nocontradiction with internal laws (subject to Articles 10,975 and 986 of theIran’s Civil Code). Optional set of rules may bear different legal results andprovide a range of options for states to choose from. Governmental and nongovernmental organizations are both active players in formulation of unifiedcodes in form of international conventions or alternatively model principlesand legal guides which have helped expediting their ratification process. Informulating the same, with inspiration from International trade customs,either they have merged rules from various legal regimes or have takeninitiatives to work out totally new model codes. This article will review jointinterests of states in minimizing obstacles in ratification and execution ofsuch set of rule
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spelling doaj.art-76c111fed74446d5b039717d84821b222023-12-26T07:46:26ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322013-03-01131511772241International Unification of Contract LawMahmood Jalali0Masumeh Shakoori1دانشیار گروه حقوق دانشگاه اصفهان و وکیل پایه یک دادگستری )کارشناس ارشد حقوق خصوصی دانشگاه اصفهانTo protect contracts, eliminate International trade barriers and regulatenew forms of trade relations, states have long strived to minimize differencesin their legal systems as to provide more desirable legal protection forinternational economic activities. Despite the fact that these unified codesare transnational and are thus considered non-binding in nature, contractingparties may agree to give them a binding force if so desired. Transnationalcodes mainly come in to force after national constitutional ratificationrequirements including those of Iran are satisfied otherwise theirenforceability may only be assumed to the extent where they have nocontradiction with internal laws (subject to Articles 10,975 and 986 of theIran’s Civil Code). Optional set of rules may bear different legal results andprovide a range of options for states to choose from. Governmental and nongovernmental organizations are both active players in formulation of unifiedcodes in form of international conventions or alternatively model principlesand legal guides which have helped expediting their ratification process. Informulating the same, with inspiration from International trade customs,either they have merged rules from various legal regimes or have takeninitiatives to work out totally new model codes. This article will review jointinterests of states in minimizing obstacles in ratification and execution ofsuch set of rulehttps://jplr.atu.ac.ir/article_2241_c7c3bf12ed18ccfea51d445301937723.pdfunification of rulescontracts lawharmonizationinternational trademodel legal guide/codes
spellingShingle Mahmood Jalali
Masumeh Shakoori
International Unification of Contract Law
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
unification of rules
contracts law
harmonization
international trade
model legal guide/codes
title International Unification of Contract Law
title_full International Unification of Contract Law
title_fullStr International Unification of Contract Law
title_full_unstemmed International Unification of Contract Law
title_short International Unification of Contract Law
title_sort international unification of contract law
topic unification of rules
contracts law
harmonization
international trade
model legal guide/codes
url https://jplr.atu.ac.ir/article_2241_c7c3bf12ed18ccfea51d445301937723.pdf
work_keys_str_mv AT mahmoodjalali internationalunificationofcontractlaw
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