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The transfer of ownership of movables in the context of international contracts of sale with specific reference to reservation of title clauses : a comparative study

The transfer of movables in the international commercial context – a comparison of German and South African law

The role of the Hague principles on choice of law in international commercial contracts in Japanese private international law

The potential impact of the Hague principles on choice of law in international commercial contracts in the BRICS countries

The law applicable to international commercial contracts : a comparative study of the Rome I Regulation and Indian private international law

The interconnection between express choice of forum and tacit choice of law. A comparative analysis between common-law and civil-law jurisdictions

The compatibility of Australian and South African private international law with the Hague Principles on Choice of Law in International Commercial Contracts

  • Authors: Adams, Faadhil
  • Date: 2014-05-29
  • Subjects: Conflict of laws - Contracts - Australia , Conflict of laws - Contracts - South Africa , Contracts (International law)
  • Type: Thesis
  • Identifier: uj:11248 , http://hdl.handle.net/10210/10841
  • Description: LL.M. (International Commercial Law) , In 2006 the governing body of the Hague Conference on Private International Law furnished the Secretariat with a mandate to conduct a series of feasibility studies on the development of an instrument, relating to the choice of law in international contracts. The outcome of these studies was largely successful, finding that there was a need for an instrument of this nature and additionally it would be welcomed by the international legal community. In 2009 the Permanent Bureau of the Hague Conference on Private International Law was invited to form a Working Group (WG) to draft a soft-law instrument affirming party autonomy in international contracts on an international level. The Hague Principles on Choice of Law in International Commercial Contracts (P) was, thus, born. The P were drafted by a panel of experts representing the majority of the world’s legal systems. The working group commentary (WGC will be used to refer to the commentary, whilst WG will be used to refer to refer to the working group itself) which provided the discussions in respect of, and the reasoning behind, the principles has been invaluable in writing this dissertation. The purpose of this dissertation is to investigate the compatibility of Australian and South African law with the P. One of the aims of the P mentioned specifically in the preamble is that these principles are to be used by countries as a model with which to develop their own rules of private international law. A study of the current law as it stands in comparison to the P marks the first step in this exercise, through finding where the law differs we can begin to bridge the disparity between a specific country’s legal system and that of the P. Should the P become an important part of the private international law discourse comparative studies such as this will become common-place. The fact that the principles were drafted as a soft-law instrument is in line with the growing world trend. The flexibility that is achieved through the use of a soft-law instrument may lead to greater legal certainty down the road as contracting parties and international lawyers alike become more familiar with the principles. This familiarity may lead to consensus among experts from around the world and eventually invite the prospect of a binding instrument being drafted...
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The compatability of the restatement second of the conflict of laws and South African private international law with Article 2(2) of the Hague Principles on Choice of Law in International Commercial Contracts

The choice of non-state law in international commercial contracts

  • Authors: Abdullah, Humaira
  • Date: 2020
  • Subjects: Contracts (International law) , Conflict of laws - Contracts , Conflict of laws - Commercial law
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/475340 , uj:42876
  • Description: Abstract: When a dispute arises in relation to an act, person or property that is connected to more than one country, such dispute is governed by the rules of private international law, more commonly referred to as the “conflict of laws”.1 The term conflict of laws essentially means that the dispute in question will be governed by the national law of a country while having a connection to a foreign country,2 and is relevant to this discussion as the election of non-state law is an important aspect found within private international law. In order to determine whether or not such laws may be applied, courts usually look at the conflict of laws rules of that particular country... , LL.M. (International Commercial Law)
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Private international law of contract in Ghana : the need for a paradigm shift

  • Authors: Obiri Korang, Prince
  • Date: 2017
  • Subjects: Conflict of laws - Ghana , Contracts - Ghana , Contracts (International law)
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/270692 , uj:28777
  • Description: LL.M. (International Commercial Law) , Abstract: This paper will evaluate private international law rules relating to choice-of-law in Ghana. Thus, express choice of law, tacit choice of law and the objectively determined proper law. It reviews the problems facing the English common law rules on choice-of-law in Ghana. Although choice of law rules in Ghana and that of the Economic Community of West African States remains unchanged, same has gone through telling reform in the European Union while similar reforms are being considered by the Hague Conference on Private International Law. This study argues that the current common law rules, espoused by Ghana in relation to the law applicable to contractual obligations in international commercial contracts are unsatisfactory and that a case for reform is more than urgent to support cross-border trade and commerce. It suggests that existing literature on the topic has paid scant attention to the need for reform and dwells on the law as it is at present, therefore missing the opportunity to address key problems with the present common law rules. In order to evaluate the extent to which the law in Ghana in this field leaves much to be desired, the work will consider the rules on the issue adopted in Rome I Regulation on the law applicable to contractual obligations (Rome I) and the Hague Principles on Choice of Law in International Commercial Contract (Hague Principles) and examine the extent to which Ghana can learn from these instruments as it contemplates reform of its own laws on contractual obligations in cross-border transactions. In the end, the paper proposes that the legislature in Ghana draft a private international law statute modelled along Rome I and the Hague Principles. With respect to express choice of law and tacit choice of law, the paper proposes the adoption of the provisions in the Hague Principles, while in the case of the objectively determined proper law the paper advances argument for the adoption of the provisions in Rome I. The proposal for the adoption of the provisions in these two instruments is done in light of the principles of party autonomy – contracting parties’ freedom to choose the applicable law in conflict of law rules with respect of contractual obligations – and predictability – certainty as to the law applicable.
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Choice of the UNIDROIT Principles of international commercial contracts

  • Authors: Van der Meer, Tiana
  • Date: 2015-07-14
  • Subjects: International Institute for the Unification of Private Law. UNIDROIT principles of international commercial contracts 2010 , Contracts (International law) , Commercial law
  • Type: Thesis
  • Identifier: uj:13710 , http://hdl.handle.net/10210/13975
  • Description: LL.M. (International Commercial Law) , The principle of party autonomy is a fundamental characteristic of private international law. The contracting parties’ freedom of choice regarding the law governing their contract is one which optimises the fundamental principle of party autonomy. It is generally accepted that a choice of a governing law by the parties should be respected by adjudicating bodies such as domestic courts and arbitral tribunals. It would often benefit contracting parties to choose a neutral legal system so that there will be a “fair playing field” in case a dispute arises between them. However, some domestic legal systems and regional, supranational and international commercial instruments limit the choice of law to that of a recognised domestic legal system. Accordingly, choosing the UNIDROIT Principles on International Commercial Contracts as governing law will, in most cases, not be a viable option for the parties concerned. Such a limitation on the choice of a governing law does not promote the fundamental principle of party autonomy, which is characteristic of private international law. Parties to an international commercial contract should be able to choose a non-state system of law to govern their contract. The UNIDROIT Principles of International Commercial Contracts provide a comprehensive, complete and easily obtainable system of law compiled by legal experts in the various fields which form part of international commercial law. It follows a via media system of law with regards to Civil Law and Common Law legal systems. This paper will discuss the principle of party autonomy, as well as the possibility of a choice of non-state law, in particular the UNIDROIT Principles of International Commercial Contracts, as the law governing an international commercial contract. The choice of law will be discussed with reference to the position taken in domestic courts as well as that in international arbitration. To review the impact and success of the UNIDROIT Principles in the realm of international commercial contracting, various international commercial instruments will be discussed.
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Avoidance of a contract under the CISG

An investigation into the relationship between the UNIDROIT Principles of International Commercial Contracts (UPICC) and the UN Convention on the International Sale of Goods (CISG)

A thin line between tacit choice of law and absence of choice of law

  • Authors: Mnyandu, Phiwokuhle Lindelwa
  • Date: 2020
  • Subjects: Contracts (International law) , Conflict of laws - Contracts , Conflict of laws - Commercial law
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/475562 , uj:42904
  • Description: Abstract: Parties in a commercial agreement whether domestic or international have the freedom and option to choose a law to regulate the terms and conditions of their contract and also their respective rights and obligations.1 The law governing the contract is known as the proper law of a contract.2 The proper law of a contract is the law governing the contract either in whole or in part.3 The proper law is determined through an inquiry into the choices of the parties and in the absence of choice, the law the court will assign as the law of the contract.4 That is to say, parties have the freedom to choose a law to govern their contract and in the absence of such choice, the objectively determined law is used to determine the rights and responsibilities of parties arising out of their contract.5 The liberty of parties to choose a law to an agreement without extreme inhibitions from a legal system is known as party autonomy. The principle of party autonomy is recognized in most countries... , LL.M. (International Commercial Law)
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A critical assessment of freedom of choice of law in international commercial contracts

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