The law applicable to the international agreement according to the Regulation EC 593/2008 of the European Parliament and Council on the law applicable to the contractual obligations (Rome I) and to the Inter-American Convention regarding the law appl Cover Image
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Legea aplicabilă contractului internațional potrivit Regulamentului CE nr. 593/2008 al Parlamentului European și al Consiliului privind legea aplicabilă obligațiilor contractuale (Roma I) și Convenției interamericane privind dreptul aplicabil contrac
The law applicable to the international agreement according to the Regulation EC 593/2008 of the European Parliament and Council on the law applicable to the contractual obligations (Rome I) and to the Inter-American Convention regarding the law appl

Author(s): Gabriel Grigore
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: international agreement; Applicable Law; Regulation EC 593/2008; CIDIP Convention.

Summary/Abstract: The globalization phenomenon is inevitably leading to a development, without precedent, of the international trade, in general, and of the freight, a situation that emphasizes the current complex issue of defining the law applicable to the international contract of maritime freight, and also the enhancement of afforts for the elaboration of an uniform frame applicable to international trade contracts in general, by the specialized institutions – UNCITRAL, UNIDROIT, the Hague Conference on international private law; the existence of an uniform law proves to be the best solution in order to avoid difficult issues caused by the conflict of laws, process which is constantly developing without achieving the elaboration of an universal interstate convention, that could unify the conflict solutions applicable to all international trading contracts, and consequently, at least for the time being, the conflict of laws is not completely eliminated. From this perspective, the law applicable to the international charter party has been analyzed according to the European Committee Regulation no. 593/ 2008 of the Europea Parliament and Council regarding the law applicable on contractual obligations – Rome I, and according to the inter-American Convention on the law applicable on international contracts (CIDIP Convention).

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 163-180
  • Page Count: 18
  • Language: Romanian