Governing Law: The governing law of the efficacy of contract
Establishment of the written contract, Governing Law: Before describing the governing law of the efficacy of the contract,
to Tsute explained to the interpretation of international trade.
Interpretation of international trade
The interpretation of the contract is, in principle, is a problem to be due to the governing law of the efficacy of the contract. However, in exceptional cases,
the language belongs to the laws of the state of the contract term That there is a case to be applied as an auxiliary compliance method is as described above.
Per the governing law of the efficacy of the contract, depending on whether to take any of the position of a single specified theory or division specified theory,
because it can lead to differences in the interpretation of the contract Caution require.
In other words, you stand in a position that does not allow only a single specification, the parties to the contract is non-compliant method of formation
of the contract as the governing law of the efficacy of contract For the part that specifies the law, it is construed as having been subjected to the substantially specified,
to the extent that does not violate the applicable law of the efficacy of the contract (= the completion of a contract governing law),
So that the interpretation of the contract in accordance with substantially designation is made by the parties.
In a position to recognize the division designation, divided into conflict legal specify whether the real legal specify the designation of the applicable
law of the efficacy of the agreement by the parties,The interpretation of the contract is required in accordance with it.
Therefore, depending on whether the stand in any of the positions, sometimes as possible out may result in differences in the interpretation of the contract.
The above is a contract defined in international trade, is a contract interpretation of international trade. (Excerpt from the international trading Buddhist theory)
Governing Law: The governing law of the efficacy of contract
For international trade agreement, but is where do you need a contract in writing for its formation is a problem,
For the resolution of the problem, it is necessary to the determination of the governing law, which serves as a reference for decision.
Governing law in this case, because it relates to substantially met the requirements of the contract, should be according to the applicable law of the establishment of the contract,
It is understood that should not be due to the governing law of the system of contract.
Of problems that require a contract in writing for each establishment of the contract, but there is a Kirai easily appears to be a problem with the contract,
On which to distinguish between procedure and substance of the law act, since it is to be understood as a system with the formal establishment requirements of the entity,
substantially of contract Established requirements in a contract in writing whether or not the problem is not a problem of the system of contract.
Governing law
(1) Japan
International trade agreement, but the negotiations were often to be entered into in the persons at a distance,
the Japanese Civil Code # 526, paragraph 1 in relation to the establishment of the contract,
'Contract between persons at a distance is established to when the upcoming issue a notice of acceptance,' defined as,
Chi met the requirements of the contract the creation of a contract in writing not is.
However, in the international trade of today, not a few also be quickly Naru transaction is required, as a means of communication for the mutual understanding between the parties
Telephone, telegraph, telex, but things like fax is used, at the same time, in order to confirm the contents of the mutual understanding displayed by such means
Create a document, it has been very popular to be sent to the other party, the presence or absence of the signature of the legal effect and the parties of the confirmation in these cases
It can be a problem.
With respect to the establishment of international sales contract, the applicant received a telegraph of the consent of the applicant is to create a contract confirmation sent to the applicant,
If you asked for the signature, there is a case that the sales contract has been contested what will be satisfied by returning to sign it.
In this case, the court, of the applicant who claims to sales contract is not satisfied because it does not also return without signing the contract confirmation
Dismissed the defense, international trade contracts, as long as it has not been recognized the particular intention or convention, established only by agreement of the parties
Is a Nuo formed contract of unnecessary type, contract confirmation, which is usually exchanged between the parties, smoothly made fulfillment of the contract at a later date,
at the time of thedispute occurred
For the purpose of securing of evidence, be those already being created in order to confirm the enacted agreement, of its creation or exchange contract formation
It has held that not be a requirement.This held that matters is where there is no objection even in theory.
Governing law
(2) New York
In the bottom of the New York state law, if the onerous contracts, is in its formation contract in writing is not required, even if there is no contract in writing is satisfied effectively.
However, in the case of free contract, the contract is established, it can not be law on the Depression that there is no contract in writing.
That is, in the case of the contract in writing with no donation contract, but not to be unjust enrichment by Juzo money and goods by the contract, a gift by litigation
It can not be forced.
Free contract that can be enforced on the law, must be in writing (deed) to meet the system of court.
In the case of international trade agreements, the majority of which, by the fraud prevention method, requires a note corresponding to those that require the agreement in writing.
Governing law
(3) London
Even under English law, as in the case of New York state law, if the onerous contracts, rather than contract in writing is required for its formation,
Even if there is no contract in writing to effectively established. However, in the case of free contract, but the contract is approved, the law on the contract in writing there is no
It can not be forced. That is, in the case of the contract in writing with no donation contract, but not to be unjust enrichment by Juzo money and goods by the contract,
It is not possible to force a gift by the lawsuit. Free contract that can be enforced on the law, in writing (deed) to meet the system of court
It shall be due. (Excerpt from the international trading Buddhist theory)
Problem should depend on the governing law of the efficacy of contract
By effectively enacted international trade agreements, the problems related to the efficacy of the contract called Italica to any rights and obligations is generated between the parties,
For example, specific issues such as the following, will be solved by the applicable law of the efficacy of the contract.
‡@Issues of contract interpretation to be contested in conjunction with the Nari range becomes the contents of the benefit obligation contracting parties should bear
‡AWhen the party did not fulfill its contractual obligations, creditors and the success or failure of a breach of contract that or given any relief
Various issues related to the rescue
‡BIssues related to defense rights of simultaneous performance in the bilateral agreement
‡CIssues related to risk burden in bilateral agreements (Excerpt from the international trading Buddhist theory)
International trade in the above has been described with excerpt international trade law,
With regard to legal issues related to the processing problem of the dispute and arbitration by international trade,
Decrypts the reference materials (treaties and the Hague Convention on the effectiveness commerce and navigation treaties and civil litigation with Japan and the United States),
To be addressed in practice.
Finally