English Commercial Law - The International Commercial Law Hierarchy
In this chapter, a variety of laws have been discussed. Which wins out in a dispute, is the question that arises? In general, the following order should be used: Consider the essential principles. These may be scarce in common law jurisdictions, but they are probably more common in civil regimes, such as the duty of good faith. Search for binding international agreements. This form of law might only apply to agreements made by persons residing in Contracting States. These are rare, although, such as the Treaty on the Functioning of the European Union, can be important. Consult domestic legislation that apply to the particular kind of circumstance at hand. For instance, the UK's Sale of Goods Act of 1979 regulates domestic sales. Verify which country's laws have been chosen to govern the contract before making an international purchase. International treaties that compel Contracting States to alter their domestic legislation in order to comply with their obligations fall under this third category. As an illustration, the EU directives, which Member States are required to implement, shape the text of numerous domestic statutes in Europe. Look for prevailing beliefs or methods in that field of law. Look for rules in the treaty that are optional and that the parties may have chosen to embrace (or not to opt out of). One illustration is the CISG, which the parties may choose to exclude. Look for broad concepts (as opposed to the underlying ones described above). These won't take precedence over the terms of the parties' agreement, but they can influence how the court interprets it. As an illustration, consider the common law principle of contra proferentum, which states that a clause limiting a seller's liability will be interpreted against the seller in circumstances of doubt.
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