Issues related to the establishment of the contract
(1) Japan
Or a problem related to the establishment of the contract, established or always required the application and approval of the contract, enough with the application,
Application or consent, mistake, fraud, when it was made on the basis of such intimidation, by the loan of that intent display
Or contract from becoming a possible or cancellation becomes invalid, whether it is possible to the purpose of the contract, or has been determined, such as whether it is lawful
It points to problems.
Laws and regulations Article 7: principle of party autonomy
Even if the parties of the intention was not clearly displayed, type of contract, the content, the nature, the parties, the desired product, Ya jurisdiction clause
Arbitration clause, etc., subjective for the contract, taking into account the objective matters, to explore the intention of reasonably party, it should be presumed.
Then, only if there is no also specify implied specified explicitly by the parties, should be due to the act land method. (Excerpt from the international trading Buddhist theory)
(2) New York
In New York, with the title of the 'validity of the provisions relating to specified, as well as the forum of the governing law in certain transactions'
By state statute was enacted, part of the New York State conflict Law was amended, it has been in effect since July 19, 1984.
(A) statistics of the amount of interest to be more than 25 million US dollars
(B) intended for the provision of labor, or not the one herself-exclusive
(C) individuals, not those related to transactions related to services for families or households
(D) it is not intended to receive the application of the conflict Junsoku prescribed in the New York Uniform Commercial Code
(3) London
In English law, as in the case of the Japanese law, the party's will is respected, the party has been specified by the contract governing law clause
Result of applying the law, be respected as long as it is not contrary to the United Kingdom of public policy. (Excerpt from the international trading Buddhist theory)
Battle of format
If the battle of the format becomes a problem
This problem,
At the moment, the accuracy of the dates, number is important as SCG GROUP Inc. representative director ... my burden range.
Applicant, although the application by using the given order form, the applicant is, without using the order confirmation that was attached to the application form,
Application with the consent order has been carried out the consent by using a predetermined order confirmation of the applicant itself necessarily in its internal use
If the match does not like it, it is a typical case of being referred to as the 'battle of the format' r ones. (Excerpt from the international trading Buddhist theory)
Determination of the applicable law
(1) Japan
You stand in a position to not recognize their own governing law for the declaration of intention, the real governing law of the contract is the governing law on this issue.
If you can express or intention determination of the implied parties for virtually the governing law of the contract in this case, that of course was of the parties
No problem, according to the real governing law of the agreement by the parties of the intention.
However, it is also not a few parties of the intention is unknown, in that case, for the contract by the seventh paragraph 2 and 9, paragraph 2 laws
It shall be determined by the act land method.
(2) New York
(3) London
Both, because the battle of the format will be treated as an establishment of the issue of the contract, of the decision of the governing law case, the establishment of the contract
Is the same as the determination of the applicable law. (Excerpt from the international trading Buddhist theory)
Contract capacity, the governing law of the authority
And when the contract capacity of the parties is a problem if the contract than the contract the parties themselves have been concluded,
By the time the contract authority is a problem when the contract was signed by the agent or representative,
It must determine the applicable law, which serves as a reference for its judgment.
Agreement ability of the corporation
If the contracting parties of the corporation, some in the dependent method of corporation as a general rule, if the scope of the problem of the corporation of the right capacity
Depending on the establishment governing law, Japanese law the scope of the right ability to subordinate law of corporations admit is serving act land or a third country law
When wider than the range of the right ability to admit to the corporation of the same type, is limited to the extent that the provisions of the Japanese Civil Code Chapter 36 Section 2 Article text,
Dependent method range of rights the ability to recognize is the act land method serving Japanese law or a third country method of corporation of the right ability to admit to the corporation of the same typeWhen narrower than the range, for the corporation to do to continue the transaction, the extent allowed by the dependent method,
For corporations that do the Fuhatsu transactions of as long as one-time, by applying analogy the third paragraph 2 laws and regulations, the same corporation in action areas
It is understood to have a range of the same rights capacity.
Agreement authority of corporation representatives
This is the attribution of the problem to the corporation of the effects of the conduct of representatives, which is a corporation of legal capacity problem.
(Excerpt from the international trading Buddhist theory)
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Establishment of written contract
Governing Law: describes the governing law of the efficacy of the contract.
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