Ch 4- legal frame work-- CLASS- SINH VIEN_Bookbooming - 1 LEGAL FRAME WORK L\u00ca H\u1ed2NG LINH Tel 0903 978 552 Email [email protected] Faculty of

Ch 4- legal frame work-- CLASS- SINH VIEN_Bookbooming - 1...

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1LEGAL FRAME WORK LÊ HỒNG LINHTel: 0903 978 552Email: [email protected]Faculty of ESPFTU1
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2LEGAL FRAME WORKA contract is not only a list of ideas agreed by the Exporter and the Buyer but also an enforceable legal instrument. 2
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3LEGAL FRAME WORKStep 1: The Applicable LawStep 2: Contract or No Contract?Step 3: Entire AgreementStep 4: The partiesStep 5: Status of the ContractStep 6: Settlement of Dispute3
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4LEGAL FRAME WORKStep 1: The Applicable LawMost laws belong to one of two families: Anglo – American or Continental. The two systems work in the different ways and produce different kinds of contract.4
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5CONTRACT TRANSLATIONStep 1: The Applicable LawFrom the point of view of the export contract, two families are of special significance - grew out of the two laws which adjust most of export contracts: Anglo – American law (Case lawor Common law) and Continental law (Civil law). 5
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6CONTRACT TRANSLATIONStep 1: The Applicable LawAnglo – American systems:Goals: Justice in the individual case6
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7CONTRACT TRANSLATIONStep 1: The Applicable LawAnglo – American systems:Predictability and consistency of court decisions: Unless matters are carefully regulated in the contract, the decision of the judge is not fully predictable. Different judges may give widely different judgment.7
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8CONTRACT TRANSLATIONStep 1: The Applicable LawAnglo – American systems:Length and detail of contract: To be clear, contracts must regulate many issues, so they tend to be long and detail8
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9CONTRACT TRANSLATIONStep 1: The Applicable LawAnglo – American systems:International acceptance: English and American law have been relined over the centuries to cope with issues of international trade. The principles are widely understood and respected.9
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10CONTRACT TRANSLATIONStep 1: The Applicable LawContinental systems:Goals: Consistency and uniformity of enforcement10
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11CONTRACT TRANSLATIONStep 1: The Applicable LawContinental systems:Predictability and consistency of court decisions: Decisions in all but the most difficult cases are predictable with some accuracy. Decisions are generally consistent from court to court.11
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12CONTRACT TRANSLATIONStep 1: The Applicable LawContinental systems:Length and detail of contract: Because the law regulates most problems, contracts can be short and lacking in detail.12
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13CONTRACT TRANSLATIONStep 1: The Applicable LawContinental systems:International acceptance: Continental laws do not have the prestige of Anglo – American laws in international practice. They tend to focus on national rather than international issues.13
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14CONTRACT TRANSLATIONStep 1: The Applicable LawContinental systems:Sometimes, the parties cannot agree an applicable law, so they leave the matter open. If the contract does not specify an applicable law, then a special branch of law known as “International private law” comes into play and decides the law of the contract.
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