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Topic: UNIDROIT

Ads by Google      CISG Canada Article 3.10 of the UNIDROIT Principles states that a party may avoid the contract or a term of it if "at the time of conclusion of the contract, the contract or term unjustifiably gave the other party an excessive advantage". Both texts provide that the sanction for lesion is either the nullity of the contract or judicial adaptation of the contract to redress the imbalance between the parties. Article 3.2 of the UNIDROIT Principles which deals with the validity of contracts provides: "A contract is concluded, modified or terminated by the mere agreement of the parties, without any further requirement". http://www.yorku.ca/osgoode/cisg/writings/guille.htm      The UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law: Similar ... What the UNIDROIT Principles do is to provide the criteria for determining which party has to apply for the permission, what that party has to do in carrying out its duty and, finally, what are the consequences of the permission being refused or being neither refused nor granted. The UNIDROIT Principles relate specifically to international commercial contracts, while the European Principles are intended to apply to all kinds of contracts, including transactions of a purely domestic nature and those between merchants and consumers. In the Preamble of the UNIDROIT Principles it is stated that they set forth "general rules for international commercial contracts", whereas the European Principles "are intended to be applied as general rules of contract law in the European Community" (Article 1.101)(1) (emphasis added). http://www.cisg.law.pace.edu/cisg/biblio/bonell96.html      Expansion of Applicable Sphere: A way to Uniformity/陆栋生 The UNIDROIT Convention requires the factor’s place of business is in contracting States while the UNCITRAL Convention requires not the factor (assignee), but the assignor has its place of business in contracting States. But unlike UNIDROIT Convention, which stipulates that such exclusion may be made only as regards the Convention as a whole, the UNCITRAL Convention stipulates that agreement to derogate from this convention does not affect the rights of any person who is not a party to the agreement. The internationality requirement of UNIDROIT Convention is exclusively based upon the parties to the underlying contract, i.e. http://www.law-lib.com/lw/lw_view.asp?no=1774      Standard Form Contract - UNIDROIT UNIDROIT issued its principles of international commercial contracts in 1994. Fourth, "express acceptance" is of limited help raising fact questions and preventing any degree of predictability as to enforcement of a particular contract term. Unlike the Restatement (Second) of Contracts, where the focus is upon the reasonable belief of the seller as to what would surprise a buyer, Section 2.20 centers on the expectations of the buyer alone. http://www.lex2k.org/sfc/unidroit.html      Principles of International Commercial Contracts, 1994 - UNIDROIT In offering the UNIDROIT Principles to the international legal and business communities, the Governing Council is fully conscious of the fact that the Principles, which do not involve the endorsement of Governments, are not a binding instrument and that in consequence their acceptance will depend upon their persuasive authority. Reproduced from the UNIDROIT Principles of International Commercial Contracts, published by the International Institute for the Unification of Private Law (UNIDROIT), Rome, Italy, Copyright UNIDROIT 1994, by permission of UNIDROIT. Readers are reminded that the official version of the UNIDROIT Principles of International Commercial Contracts also includes the Commentary thereto. http://www.jus.uio.no/lm/unidroit.international.commercial.contracts.principles.1994.commented/toc.html      Untitled Document Black's Law Dictionary, 6th Edition, defines Statute as "A formal written enactment of a legislative body, whether federal, state, city, or county." It goes on to say that a statute is made a law of the state, and that it may be public or private. The UNIDROIT website lays out the full text of the various conventions in the Hague, Ottawa, Geneva, Brussels, and other foreign nations under which the President bound you and me to be governed. Of particular interest to me is the statement that UNIDROIT applies to primarily "private law", "However, experience has demonstrated the necessity of permitting occasional incursions into public law,..........". http://www.atgpress.com/dtom/dt009.htm      Unidroit Ratified Under Unidroit, to qualify for good-faith compensation, possessors must do more than claim they did not know an object was stolen; they must also prove they "exercised due diligence when acquiring" it. While the text was being drafted, a large consortium of American museums and art dealers filed a brief to the U.S. delegation asking the U.S. not to sign the convention and to withdraw the provision defining illegal excavation as theft. Unlike the 1970 convention, however, Unidroit specifically equates illegal excavation with theft, giving source countries a basis for recovering illegally excavated objects under existing stolen property law. http://www.archaeology.org/9807/newsbriefs/unidroit.html      [No title] An overview of the Principles Unidroit’s intention was to prepare principles that would be acceptable to the majority of legal systems, while presenting efficient and recognised solutions in the area of international trade. According to the Preamble, the Principles set forth “general rules for international commercial contracts”. The Unidroit Principles grant wide discretionary powers to the judges with a view to striking a fresh balance between the parties to the contract. In effect, the differences are not great, since ultimately it is difficult to accept the notion that the courts would establish that a condition to a contract was surprising yet not unduly disadvantageous, or that it did not impair the rights of the other party. http://www.biu.ac.il/LAW/cisg/UnidroitIsraelAMRPLx_2__03.doc      UNIDROIT principles can help clinch that contract The popularity of the UNIDROIT Principles of International Commercial Contracts reflects the success of public and private business law specialists in producing a comprehensive body of rules relating to the formation, validity, interpretation, contents and performance of contracts. For example, they may be applied in arbitration cases to supplement or interpret national laws. Robert Briner, Chairman of the ICC International Court of Arbitration, said: "Rules that transcend cultural and legal differences and establish an international standard that is acceptable to different nationalities and traditions have an obvious appeal." http://www.iccwbo.org/home/news_archives/2002/stories/unidroit.asp      CISG Canada As a nonexpert on the UNIDROIT Principles, I will primarily confine my short presentation to two of these potential uses, that is, the role of the Principles in interpreting and filling gaps in CISG, and the Principles' potential influence on Common law contract rules, with particular emphasis on the Canadian, British, and American positions. It is true that the Americans have the Restatement Second on the Law of Contracts, but the Restatement is not a code and, like the UNIDROIT Principles, it is only as persuasive as its merits and the extent to which it resonates with courts, practitioners and law professors. These include the rules governing the avoidance of unconscionable contracts and contract terms (Article 3.10), the policing of exemption/disclaimer clauses relieving either party from the consequences of a breach of its obligations (Article 7.1.6), and the disallowance of unreasonable liquidated damages or penalty clauses (Article 7.4.13). http://www.yorku.ca/osgoode/cisg/writings/ziegelthree.htm      [No title] In the context of the UNIDROIT Principles, the reasonableness test is of particular relevance for all those provisions which require a flexible interpretation and application in individual cases. However, in contrast to the Restatement (2nd.) of the Law of Contracts, there are no 'notes' specifying the comparative references (statutory provisions of domestic laws, court judgments, arbitral awards, conventions, doctrinal writings etc.) on which the wording of the relevant rule or principle is based. The UNIDROIT Principles as well as the Principles of European Contract Law drafted by the Lando-Commission reveal this dilemma. http://tldb.uni-koeln.de/php/pub_show_document.php?pubdocid=100600      The Law Reform Commission Report on The Unidroit Convention on Stolen or Illegally Exported Cultural Objects This provision was included, albeit on a non-mandatory basis, in order to overcome the argument that laws prohibiting export are public laws and the courts of one country will not enforce the public laws of another country. The Convention requires payment of “fair and reasonable compensation” to the possessor of a cultural object which was illegally exported, provided that he or she neither knew nor reasonably should have known at the time of acquisition that it had been illegally exported. It is intended to be complementary to other arrangements such as the UNESCO Convention 1970, the Unidroit Convention and the European Communities Directive 7/93 and Regulation 3911/92, Article 1(3) of the Scheme stating that it does not preclude participation in any of these instruments. http://www.lawreform.ie/publications/data/lrc95/lrc_95.html      [No title] The 1995 UNIDROIT Convention on the Return of Stolen or Illegally Exported Cultural Objects allows nations to enforce foreign law on cultural property, and is thus contrary to the United States' tradition of free trade in antiquities. Unlike UNIDROIT, the Act does not contemplate the enforcement of another nation's export control laws, but is merely a ban on specific goods in specific contexts. Instead, in furtherance of the State Department's foreign policy goals, the CPIA was used to enforce foreign export control laws. http://www.nyu.edu/pubs/jilp/main/issues/31/d.html      Unidroit Convention of 1995 The Unidroit Convention of 1995 laid down regulations which apply for restitution and return of cultural objects between two contract states. The Convention is not retroactive, i.e., its regulations apply for each contract state only from the date of ratification. This draft was discussed one year later at an international conference in Rome and issued in revised form as the «Unidroit Convention of 24 June 1995 on Stolen and Illegally Exported Cultural Objects». http://www.kultur-schweiz.admin.ch/arkgt/kgt/e/e_unidroit.htm      On the Net* and the liberation of information that "wants" to be free** Unidroit's objective, as defined in its Statute and as indicated by its full name, is the unification of private law. Its purpose is to examine ways of harmonising and co-ordinating the private law of States and of groups of States, and to prepare gradually for the adoption by the various States of uniform rules of private law. Unidroit, the Hague Conference on Private International Law, the World Bank and indeed any other organs to which such a system is suited could set up similar structures, along lines suitable for their objectives. http://www.jus.uio.no/lm/on.the.net.and.information.22.02.1997.amissah/doc.html      Transnational Publishers The UNIDROIT Principles of International Commercial Contacts, published in 1994, are an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. The decisions, which are reproduced in the form of abstracts with keywords and in their full text (where available), are listed under each article of the Principles according to the specific issues they address. http://www.transnationalpubs.com/showbook.cfm?bookid=10214      IARC: Conventions - English The 1995 Unidroit Convention on stolen and illegally exported cultural objects provides a private individual or institution with the right and also the means to reclaim stolen objects in the courts of the country in which the object is located, and it provides a uniform definition of good title. The President of the International Institute for the Unification of Private Law (Unidroit) may at regular intervals, or at any time at the request of five Contracting States, convene a special committee in order to review the practical operation of this Convention. Chapter II of the Convention (Articles 3-4) provides the means for a private owner to reclaim stolen material while Chapter III (Articles 5-7) allows a State Party to request the return of material that has been illegally exported. http://www.mcdonald.cam.ac.uk/IARC/Conventions/english.htm      THE LEGAL AND REGULATORY FRAMEWORK FOR FINANCIAL LEASING IN RUSSIA Its purpose is to examine ways of harmonizing and coordinating the private law of States and groups of States, and to prepare gradually for the adoption by the various States of uniform rules of private law. The Unidroit Convention on International Financial Leasing (Unidroit Convention) was completed in Ottawa, Canada, in 1988. In the event of default by the lessee, the lessor may recover accrued unpaid rentals, together with interest and damages. http://www2.ifc.org/russianleasing/eng/analit/2/6.htm      UNESCO - UNESCO and UNIDROIT - Cooperation in the Fight against Illicit Traffic in Cultural Property - Conference ... The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, one of the most important legal instruments in the global effort to curb illicit transfer of cultural property, is celebrating its 10th anniversary. UNESCO initiated the elaboration process of the 1995 UNIDROIT Convention, to complement the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property from the point of view of private law. Today, the UNIDROIT Convention, still relatively young, has 24 States Parties, while the UNESCO 1970 Convention currently has 107 States Parties, including important art market States such as France, Japan, Switzerland, the United Kingdom and the United States. http://portal.unesco.org/en/ev.php-URL_ID=28163&URL_DO=DO_TOPIC&URL_SECTION=201.html      NEWS & NOTES: UNIDROIT PRINCIPLES As a restatement of contractual rules, the Unidroit Principles are a virtual contracts code. Professor E. Allan Farnsworth, who was the reporter for the Restatement (Second) of Contract Law and author of a preeminent treatise, has been the adviser from the United States. The Institute suggests that these Principles might be applied when the parties have agreed that their contract is to be governed by "general principles of law" or the "lex mercatoria." http://faculty.smu.edu/pwinship/arb-18.htm      Scots Law and the Road to the New Ius Commune, vol. 4.4 Although the very similar Unidroit and Lando Principles may one day be the basis for the contract law of a unified Europe, that is not their immediate goal. But CISG applies only to sale contracts, and one aim of the Lando Commission is to create a system for all contracts in the context of the European Union. They are also designed to be capable of adoption by contracting parties engaging in cross-border transactions but anxious not to tie them to particular systems for purposes of either the applicable law or dispute settlement. http://www.ejcl.org/44/art44-1.html      Links Unidroit is also in the process of setting up a Data Base on Uniform Law (UNILAW), which when operative will contain materials and information relating to a number of different areas of law, including transport law, arbitration, international finance and commerce and cultural property. The UNILAW data base is intended to provide ready access by Governments, judges, arbitrators and practising lawyers to the texts of international uniform law instruments, the status of ratifications and reservations, case law and bibliographical references. Like the UNCITRAL and UNIDROIT databases, it is an especially good site to "bookmark": exploration of the by-ways opened up by its links opens up much information relevant to contracts governed by the CISG. http://www.biu.ac.il/law/cisg/LinksEng.htm      ASIL Electronic Resource Guide The Principles represent general rules of commercial contract law derived from various legal systems, and may be used by private parties as the law governing their contract, as a supplementary source to be used in conjunction with the CISG, and as a codification of lex mercatoria for arbitration, inter alia. One of the best-known accomplishments of UNIDROIT in recent years is the creation of the UNIDROIT Principles of International Commercial Contracts (http://www.unidroit.org/english/principles/contracts/main.htm). UNILAW (http://www.unidroit.info) Set up by UNIDROIT, this database will provide the full text of UNIDROIT instruments, as well as case law and secondary resources on each instrument. http://www.asil.org/resource/pil1.htm      House of Commons - Culture, Media and Sport - Minutes of Evidence For example, under Article 5(5) of the UNIDROIT Convention, a State must make any request for return within three years from when it knew the location of the object and the identity of the possessor, and in any event, such a request must be within 50 years from the date of export. A1.13 An alternative to implementing the UNIDROIT Convention might be to introduce primary legislation adopting at least some of the principles of the UNIDROIT Convention in such a way as not to conflict with existing UK law. A1.1 Legal advice gave a brief outline of the main provisions of the Convention and indicated what might be required, including primary legislation, to implement the Convention. http://www.parliament.the-stationery-office.co.uk/pa/cm199900/cmselect/cmcumeds/371/0060816.htm      Essaydirect.com: The Hardship Approach in the UNIDROIT Principles of International Commercial Contracts and its ... The UNIDROIT Principles of International Commercial Contracts1 have been published in May 1994 by the Rome-based International Institute for the Unification of Private Law (UNIDROIT), an intergovernmental organisation established in 1926. In this context hardship is more related to the fulfilment of the contract: the aim of the parties remains to implement the contract; and force majeure is linked rather to the question of responsibility. It is accompanied by the counterprinciple known as rebus sic santibus which comes into action when supervening circumstances create an exceptional situation so as to destroy the basic assumption which the parties had made when they entered into the contract, in other words when a “hardship” situation -as defined by Article 6.2.2- occurs. http://www.essaydirect.com/preview/22901.html      [No title] The Legal Subcommittee had agreed that consideration of the draft Convention and the preliminary draft Protocol should stay on its agenda for its 41st session, to be held in Vienna in April 2002. In considering this new working draft it was intended that the Space Working Group should indicate such further amendments as they felt to be necessary before it might be considered ready to be submitted by Mr Nesgos to Unidroit in execution of the mandate conferred upon him by the President of Unidroit in August 1997. Report by Martin Stanford regarding outcome of the Unidroit Secretariat presentation at the April 2 — 12 2001 UNCOPUOS Legal Subcommittee meeting in Vienna, Austria regarding the status of the preliminary draft Space Property Protocol. http://www.sbda.org.br/gesau/SWG_Rept.doc      ALI/UNIDROIT Principles and Rules of Transnational Civil Procedure, Council Draft No. 1 (November 16, 2001) It was at UNIDROIT’s initiative that the preparation of Fundamental Principles of Transnational Civil Procedure was undertaken. Although the precise relationship between the Principles and the Rules has not yet been determined, one possible approach presently under consideration is to treat the Rules as a model implementation of the Principles, suitable either for adoption or for further adaptation in particular jurisdictions. The Principles will inform the interpretation of the more detailed body of procedural law, which is the Rules. http://www.ali.org/ali/ALIUNIDROITtrans.htm      ICC International Court of Arbitration - Supplement Bull. 2002 The UNIDROIT Principles as Lex Contractus Chosen by the Parties and Without an Explicit Choice-of-Law Clause: The Perspective of Counsel The UNIDROIT Principles and their Application to State Contracts The Application of the UNIDROIT Principles to Contracts involving States or Intergovernmental Organizations http://www.iccwbo.org/court/english/bulletin/supp_2002.asp      Unidroit Convention on stolen or illegally exported cultural property The Unidroit Convention can, however, only develop its full effect when the same number of states producing cultural property accede to it as states importing cultural property. contribute to ensuring that, in addition to the known international courts of arbitration, the states establish an arbitration commission at the Unidroit Institute that can be called upon by the States Parties to assist in the event of disagreements concerning the interpretation of the text of the convention; invite the states which have signed the convention to deposit the text of the law which incorporates the convention into their national legislation, in an official language of the convention, at the Unidroit Institute; http://assembly.coe.int/Documents/AdoptedText/TA98/erec1372.htm      20 UPAJIEL 423 While the core rules of the UNIDROIT project are substantive in nature, this is not always the case with respect to the UNCITRAL convention. First, while its scope, like that of the UNIDROIT project, is defined by a type of collateral, the UNCITRAL convention's rules focus more on the parties than on the property. See Text of the Preliminary Draft Protocol to the Preliminary Draft UNIDROIT Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment as Reviewed by the Drafting Committee, UNCITRAL, U.N. Doc. http://pbosnia.kentlaw.edu/projects/kosovo/econ_development/intlseccredit.html      WTCDE.com On the other hand, after the aggrieved party has learned of the breach, the Principles shift the onus to the aggrieved party to seek a remedy promptly, by bringing the matter before a court and by making some effort to mitigate the damages. Compared to the 1994 edition, the Principles addressed the most recent innovations in international businesses law such as the validity of electronic contracting. ) UNIDROIT’s Governing Council unanimously adopted the 2004 edition of the UNIDROIT Principles of International Commercial Contracts (the “Principles”). http://www.wtcde.com/news.php?nid=30&cid=3      The Common Core Project This normative attitude is shared also by the UNIDROIT principles on international commercial contracts. In order to perform such a reliable drafting we need the more sophisticated tools of comparative law, but we shall hold further discussion on this subject until we reach the methodological part of this paper. We now proceed to discuss the differences between a common core research and the projects aiming, in various ways, at achieving uniformity of law. http://www.jus.unitn.it/cardozo/Common.core/Insearch.html      contract.principles - Lex Mercatoria: Private International Commercial Law EU Principles of European Contract Law 2002 by the Commission on European Contract Law. This is a copy of the official commented version of the Unidroit Principles of International Commercial Contracts prepared using the UNIDROIT Principles for International Commercial Contracts: A New Lex Mercatoria? http://www.jus.uio.no/lm/private.international.commercial.law/contract.principles.html      International Chamber of Commerce - The UNIDROIT Principles of International Commercial Contracts They are increasingly applied to supplement or interpret national laws, give international endorsement to solutions based on domestic laws, or as the governing law of the contract. A body of rules intended for worldwide use, the UNIDROIT Principles of International Commercial Contracts have a particular appeal in international arbitration. International Chamber of Commerce - The UNIDROIT Principles of International Commercial Contracts http://www.icc-cr.cz/publ/642.html      BOOK'M Used Books: Social Science - Law - Rules of Contract Law selections from the uniform commercial code the CISG ... Rules of Contract Law selections from the uniform commercial code the CISG the restatement (second) of contracts and the UNIDROIT principles with material on contract drafting and sample examination questions and answers 1999-2000 statutory supplement BOOK'M » Social Science » Law » Rules of Contract Law selections from the uniform commercial code the CISG the restatement (second) of contracts and the UNIDROIT principles with material on contract drafting and sample examination questions and answers 1999-2000 statutory supplement by Charles L. Knapp (073550055X) BOOK'M Used Books: Social Science - Law - Rules of Contract Law selections from the uniform commercial code the CISG the restatement (second) of contracts and the UNIDROIT principles with material on contract drafting and sample examination questions and answers 1999-2000 statutory supplement by Charles L. Knapp (073550055X) http://www.book-m.com/book8490.html      FORCE MAJEURE AND HARDSHIP UNDER THE UNIDROIT In order to prevent the disappointment of expectations that the transaction aroused in one party, as the other had reason to know, the courts find and enforce promises that were not put into words, by interpretation when they can and by implication and construction when they must. The Commission on European Contract Law has formulated a rule that is basically the same as UNIDROIT's. In the last two cases, the court should consider the http://cisgw3.law.pace.edu/cisg/biblio/perillo1.html      Trade/Business Transactions Law Preliminary draft Protocol to the Preliminary draft UNIDROIT Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (June 1998) Text of the integral version of the UNIDROIT Principles of International Commercial Contracts ("black letter rules" and comments) (1994) Select bibliography on the UNIDROIT Principles of International Commercial Contracts (1998) http://www.state.gov/s/l/c3536.htm      Franchise Lawyers London Ontario Canadian Law Firm Lawyer UNIDROIT is a governmental organization of 59 member states whose object is to work towards the creation of common rules of law for dealing with various issues that have an international component. Peter also gained considerable knowledge of the inner legal and governmental workings of many nations in which Siskinds franchise clients do business, and forged meaningful relationships with lawyers and governmental officials from those countries. UNIDROIT has been developing a Model Law on franchising for over 10 years. http://www.siskinds.com/content/news_unidroit.asp      Amazon.ca: Books: An International Restatement of Contract Law: The Unidroit Principles of International Commercial ... Professor Bonell, an internationally renowned authority in the field of international contract law, chaired the Working Group entrusted with the preparation of the UNIDROIT Principles. Amazon.ca: Books: An International Restatement of Contract Law: The Unidroit Principles of International Commercial Contracts An International Restatement of Contract Law: The Unidroit Principles of International Commercial Contracts http://www.amazon.ca/exec/obidos/ASIN/1571050744      Electronic Library on International Trade Law and the CISG The UNIDROIT Principles for International Commercial Contracts and the Principles of European Contract Law. The UNIDROIT Principles and transnational law [article based on paper presented at Seminar on "The Use of Transnational Law in International Contract Practice and Arbitration" organized by the Center for Transnational Law, Münster, Germany (4-5 May 2000)]; see also "The UNIDROIT Principles and transnational law, Uniform Law Review (2000) 199-218; Commentary on whether the UNIDROIT Principles of International Commercial Contracts may be used to interpret or supplement Articles 47 and 49 of the CISG (December 2004) http://www.cisg.law.pace.edu/cisg/biblio/bib2.html      [No title] CHAPTER XIII RELATIONSHIP WITH OTHER CONVENTIONS Article 45 Relationship with the UNIDROIT Convention on International Financial Leasing The Protocol may determine the relationship between this Convention and the UNIDROIT Convention on International Financial Leasing, opened for signature in Ottawa on 28 May 1988. ** The Legal Committee of ICAO approved the text with the deletion of “[UNIDROIT]” in the title of the Convention. ((The Legal Committee of ICAO approved the text with the deletion of “[UNIDROIT]” in the title of the Convention. http://www.sbda.org.br/gesau/Convenc.doc      Stakes high, penalties harsh in artifacts fight Critics say that under Unidroit, good-faith purchasers of artifacts could be forced to return antiquities without compensation. James F. Fitzpatrick, a Washington, D.C.-based lawyer representing national art dealers, argues that the memorandums represent a de facto, piecemeal U.S adoption of the controversial Unidroit Convention on Stolen or Illegal Exported Cultural Objects, which has not been ratified by Congress. Unidroit is the French acronym for a larger effort to expedite legal procedures that cross international boundaries. http://www.chron.com/content/chronicle/page1/98/02/23/bolivia.html      Portable antiquities, metal detecting and archaeology in England 2) urges upon the UK Government the adoption and ratification of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (albeit with modifications in regard to certain matters of detail e.g. The Convention is not retroactive and will not affect existing collections. `I am sure the Government will wish to give most careful attention to the reasoned case for the UK's adoption of the UNIDROIT Convention which the Standing Conference is putting forward.' http://www.britarch.ac.uk/cba/potant17.html      The Art Newspaper -- News We will even go to the highest bodies in the land because the convention is nothing less than a profound modification of the French constitution. Press campaign pleads for France not to sign the convention Unidroit puts the obligation on the purchaser to check all the previous owners, and to check what was the law in the country at the time of export. http://www.theartnewspaper.com/news/article.asp?idart=5630      OUCLF : articles: P Schlechtriem (2002) The main difference between CISG and the European Principles on the one hand and the UNIDROIT- Principles on the other is that the CISG and the European Principles abstain from providing examples of fundamental breach in the legal text, while Art. This is equivalent to the general concept of non-performance which can be found in the Principles of International Contract Law as promulgated by UNIDROIT, The second model is based on a general requirement that the obligee first has to set an additional period of time to allow the obligor a second chance, but that such an additional period of time is considered unnecessary in cases of an obviously fundamental or incurable breach. http://ouclf.iuscomp.org/articles/schlechtriem2.shtml      Vanderbilt Journal of Transnational Law: Choice of law in third-millennium arbitrations: the relevance of the UNIDROIT ... Choice of law in third-millennium arbitrations: the relevance of the UNIDROIT Principles of International Commercial Contracts. Vanderbilt Journal of Transnational Law: Choice of law in third-millennium arbitrations: the relevance of the UNIDROIT Principles of International Commercial Contracts.@ HighBeam Research Positive Choice of Law by the Parties: ICC Award Number 7110 3. http://www.highbeam.com/library/doc0.asp?DOCID=1G1:111853701&refid=holomed_1      The Autonomous Contract and Declining Mandatory Rules. A First Reaction to an Article by Horatia Muir Watt and Luca ... Curiously enough some sources of private legislation, such a the UNIDROIT Principles of international commercial contracts, conceived as eminently optional instruments, choose to qualify some of their provisions as mandatory (e.g. the good faith principle): you may choose whether or not to apply the Unidroit Principles, but once you opt in, you may not get away from some of its provisions. But elsewhere we also find voices advocating the intervention of supranational legislation in order to preserve some standards independently from the various States’ policies. http://www.bepress.com/gj/topics/vol4/iss3/art1      N° 3533.- Rapport de M. Pierre Lequiller, au nom de la commission des affaires étrangères, sur le projet de loi ... Au contraire, la convention Unidroit permettra une action qu'il s'agisse d'un bien de propriété publique ou privée. Les catégories retenues par la convention Unesco sont reprises dans l'annexe de la convention Unidroit, car les Etats ne sont pas forcément parties aux deux conventions. L'adoption de la convention Unidroit a marqué l'achèvement d'un long processus : près de dix ans de réflexion au sein de l'Unesco et du Conseil de l'Europe, et cinq années de travaux préparatoires puis de négociations sous l'égide de l'Institut international Unidroit, chargé de l'élaboration de la convention par l'Unesco. http://www.assemblee-nationale.fr/rapports/r3533.asp      Joseph Lookofsky, In Dubio Pro Conventione? Some Thoughts About Opt-Outs, Computer Programs And Preëmption Under The ... An alternative possibility is that parties' agreement can incorporate the UNIDROIT Principles of International Commercial Contracts, including its validity rules, so as to supplement the CISG on this point. It should also be noted that an onerous contract term which contravenes CISG "fundamental principles" (Grundwertungen) might be denied effect for that reason alone, i.e., even if the term would be valid under the otherwise applicable law. Accord MICHAEL BONELL, AN INTERNATIONAL RESTATEMENT OF CONTRACT LAW 73-82 (2d ed. http://law.duke.edu/journals/djcil/articles/djcil13p0263.htm      Private International Law: Cross-Border Transactions or Transnational Law: International Conflicts of Law: Print and ... UNIDROIT NEWS (International Institute for the Unification of Private Law - independent intergovernmental organization based in Rome, Italy; quarterly electronic newsletter providing information on current UNIDROIT activities; also available via e-mail from unidroit.rome@unidroit.org and as part of the Uniform Law Review; international harmonization of law including commercial contracts and protection of cultural property; uniform laws) Lex Mercatoria: International Trade/Commercial Law Monitor (Norway; includes choice of law/conflicts/applicable law page of international documents; was called the "International Trade Law Monitor" and the "International Trade Law Project" (ITLP) until May 1999) INTPIL (American Bar Association discussion list for the committee monitoring efforts of various bodies, including UNICTRAL, UNIDROIT, the Hague Conference on Private International Law, the OAS, the OECD and others to harmonize and unify private international law; uniform laws; see also UNIDROIT NEWS; to subscribe, send e-mail to http://www.lib.uchicago.edu/~llou/pil.html

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