THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS
The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if i...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Universitas Sebelas Maret
2018-12-01
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| Series: | Yustisia |
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| Online Access: | https://jurnal.uns.ac.id/yustisia/article/view/26196 |
| _version_ | 1818906727834189824 |
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| author | Emad Mohammed Al-Amaren |
| author_facet | Emad Mohammed Al-Amaren |
| author_sort | Emad Mohammed Al-Amaren |
| collection | DOAJ |
| description | The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III. |
| first_indexed | 2024-12-19T21:43:50Z |
| format | Article |
| id | doaj.art-86cde271e62847ac983c215dedea220d |
| institution | Directory Open Access Journal |
| issn | 0852-0941 2549-0907 |
| language | English |
| last_indexed | 2024-12-19T21:43:50Z |
| publishDate | 2018-12-01 |
| publisher | Faculty of Law, Universitas Sebelas Maret |
| record_format | Article |
| series | Yustisia |
| spelling | doaj.art-86cde271e62847ac983c215dedea220d2022-12-21T20:04:35ZengFaculty of Law, Universitas Sebelas MaretYustisia0852-09412549-09072018-12-017342844210.20961/yustisia.v7i3.2619618188THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONSEmad Mohammed Al-Amaren0Yarmouk University, JordanThe contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.https://jurnal.uns.ac.id/yustisia/article/view/26196contract, internationalization, the standard of the internationality of contract, internationality of personal and economic |
| spellingShingle | Emad Mohammed Al-Amaren THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS Yustisia contract, internationalization, the standard of the internationality of contract, internationality of personal and economic |
| title | THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS |
| title_full | THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS |
| title_fullStr | THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS |
| title_full_unstemmed | THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS |
| title_short | THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS |
| title_sort | internationalization of the international contract according to international theories and conventions |
| topic | contract, internationalization, the standard of the internationality of contract, internationality of personal and economic |
| url | https://jurnal.uns.ac.id/yustisia/article/view/26196 |
| work_keys_str_mv | AT emadmohammedalamaren theinternationalizationoftheinternationalcontractaccordingtointernationaltheoriesandconventions AT emadmohammedalamaren internationalizationoftheinternationalcontractaccordingtointernationaltheoriesandconventions |