Thursday, November 21, 2019

The international transaction for the sale of goods is far too complex Essay - 1

The international transaction for the sale of goods is far too complex to attempt harmonisation of international trade - Essay Example At the harmonization of rules of the contract law, there is the possibility of several specific problems arising, which can be treated separately based on any visible differences about the notion. Therefore, this paper investigates the complexity of the international transaction for the sale of goods in harmonization of the international trade (Whittaker 2011, p. 371). There has been the conviction that the only real method of harmonization of the rule of contract law is possible only in private law in general. This has been evidenced by works of UNIDROIT that saw the emergence of international conventions. One of the conventions was used in Hague conventions, in 1964, on issues of international contracts for the sale of goods while the other was that in Vienna convention in 1980. Hague adopted a solution that comprised of the annex to uniform international sale law that, upon the ratification, was introduced directly into the domestic law of European countries This was regarded to be superior to the one from Vienna Convention. It was superior because the harmonized rules bound the participating states in a similar manner as that for international obligation. The major drawback today is the question on the international convention being the most appropriate avenue for harmonizing the contract law (Bellantuono 2010, p. 115). In my opinion, the complexity and intensity of the modern international commerce have encouraged several developments and other several ways of harmonization of the private law. The ‘contract out is regarded as the most interesting solution for a resolution introduced within the framework. A state may decline such a resolution. However, if the decline is not done within the time specified, the rules of the resolution may be considered as binding and may influence specific contractual clauses, or specific contracts. The model laws harmonize rules of particular contractual transactions of problems

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