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Essay / Research Paper Abstract
This 4 page paper answers specific questions regarding the way in which the CISG can be applied and where local law will be used, which areas of international contracts it cannot regulate and how any disputes or disagreements regarding the meaning of the convention are settled. The bibliography cites 3 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TECISG01.rtf
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Unformatted sample text from the term paper:
law, but this is not necessarily binding as it has to be up to the courts to decide the jurisdiction. This will usually reside with the area that is seen
to have the most natural court. For a contract such as this, where there are several parties, the issues that will be
considered are where the contract is actually taking place and the agreements were made. Therefore the law that will govern this contract may not be tested unless there is dispute.
The terms of any contract will always be open to the determination of the parties that are making the contract and as long as there is not something within
the contract that contrivances existing law then this can be included, not as a legal instrument, but as another set of terms in a contract, as any other document may
also be included or referred to as a part of the terms (Card et al, 2002). However in countries where there has been an adoption of the convention there is
a slightly different scenario. In these countries parties the CISG it is automatically included anyway, unless there is a specific opt out
clause. This needs to be very specific and name the convention rather than only state it is to be governed by the law of a specifically names state, this is
deemed to means that this is the basis of the law but not as a replacement unless this is clearly stated (Goode, 2004). 2. The CISG may regulate a great
deal of the contract where the parties are in countries that have agreed to be bound by the CISG, but it may not be valid for all parts of the
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