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International Commercial Contracts : Case Study

   

Added on  2020-05-16

5 Pages1358 Words371 Views
Running head: INTERNATIONAL COMMERCIAL CONTRACTSCommercial AgencyName of the student:Name of the university:Author note
International Commercial Contracts : Case Study_1
1INTERNATIONAL COMMERCIAL CONTRACTSIntroduction:The current problem is based on the agency agreement of Poland. In Poland, the distributionagreement is governed by the Civil Code and the provisions of this code are applied on everylegal relationship regarding the agreement (Maia 2015). It has been mentioned under Article353 of the Code that parties can choose the terms of the contract and in the absence of anystatutory provision, the contractual terms can be of oral in nature. The parties are obliged tomaintain all the provisions of the contract. In the absence of any specific legal provision, thegeneral law will apply. Discussion:In this given case study, it has been observed that certain dilemmas have beencropped up regarding the application of legal provisions. The agreement on commercialdistribution is governed by Polish Civil Code. Further, certain provisions of the Rome IRegulation will be applied here to determine the contractual relation and obligations (Silva2017). These provisions are regulated the freedom, security and justice. A confliction of lawhas been observed in this case as there are two different country’s law involved such as thePortuguese law and the Polish law. Conflict of law has been termed as private internationallaw in Portuguese speaking countries. The conflict of interest can be avoided by applying thelaw of the country where the contract has been formed. However, there can be conflicts as thelegal provision of two countries can be different and therefore, the international law shouldbe applied to avoid the dilemma. Rome I Regulation is applied to the contractual cases wherethe parties are from different countries. The provisions of this regulation have widened thecontractual relations and provide equal freedom to the parties (Henriques 2015). Thefundamental principles of contract have been stated under the Principles of EuropeanContract Law. On the other hand, the principles of UNIDROIT are comprised of certain
International Commercial Contracts : Case Study_2

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