Publication: Posibilităţi de evitare a conflictelor de legi privind contractul de comerţ internaţional
Date
Journal Title
Journal ISSN
Volume Title
Publisher
ASEM
Abstract
Description
ROTARU-MASLO, Liliana, CIOBANU, Natalia. Posibilităţi de evitare a conflictelor de legi privind contractul de comerţ international. In: Competitivitatea şi inovarea în economia cunoaşterii [online]: conf. şt. intern., 22-23 sept., 2017: Culegere de articole. Chişinău: ASEM, 2018, vol. 2, pp. 111-117. E-ISBN 978-9975-75-894-9.
The reality of the study stems from the fact that, at global level, acts and deeds of commerce are largely driven by international trade agreements. This is the reason why the knowledge of the particularities of the applicable law is of paramount necessity. Lex contractus refers to a set of legal transactions, namely the form, effects, execution and termination of contractual obligations. One of the method of determinating the aplicable law is to locate objectively, according to the criterion - the law of the place of the conclusion or the place of performancing the contract, which is also the purpose of this article. Various methods of knowledge, such as: formal-juridical method, analysis, synthesis, logic and comparative analysis, have been used in the development of the article. The research materials are supported in particular by the international and community instruments, as well as the relevant legislation of the Republic of Moldova. The results of research and analysis of the lex loci solutiones rule show that legal and practical arguments support this principle and, by its nature, the execution of the contract is materialized by elements that make it easier to locate. JEL: K12, K33
The reality of the study stems from the fact that, at global level, acts and deeds of commerce are largely driven by international trade agreements. This is the reason why the knowledge of the particularities of the applicable law is of paramount necessity. Lex contractus refers to a set of legal transactions, namely the form, effects, execution and termination of contractual obligations. One of the method of determinating the aplicable law is to locate objectively, according to the criterion - the law of the place of the conclusion or the place of performancing the contract, which is also the purpose of this article. Various methods of knowledge, such as: formal-juridical method, analysis, synthesis, logic and comparative analysis, have been used in the development of the article. The research materials are supported in particular by the international and community instruments, as well as the relevant legislation of the Republic of Moldova. The results of research and analysis of the lex loci solutiones rule show that legal and practical arguments support this principle and, by its nature, the execution of the contract is materialized by elements that make it easier to locate. JEL: K12, K33
Keywords
international commercial contract, law applicable to international contract, the conflicts of laws right