Summary: A Basic Guide To International Business Law | 9789001862732

Read the summary and the most important questions on A basic guide to International business law | 9789001862732

• 1 Introduction to International Private Law and European Law

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• How is International law laid down in..?

  
  in rules referred to as Conventions, Treaties, Regulations and
  Declarations.

• What are the three main issues of International private law?

  • Question 1: What court of law has jurisdiction in a case of litigation? How is the verdict of a court of law that has jurisdiction executed? 
  • Question 2: What law is to be applied in order to resolve the conflict between the – contracting – parties i.e. the parties to the contract? 
  • Question 3: Is there a specific treaty that provides an immediate solution to a conflict between contracting parties?As this is the contract used most often in the world, this question will be dealt with by using the contract of sale.

• What is th Eu law?

  
  European Law (or: EU law) in itself is also International Law. One of the main differences is the fact that all EU law is based on one Treaty, theTreaty on the Functioning of the European Union (TFEU), instead of numerous Treaties on various subjects. Another difference is that several institutions and types of legislation are based on this TFEU, and this is unusual in the field of International Private Law

• What are the requirements a Treaty Article must meet in order to have a direct effect?

  
  
  
  The provision must be clear and unambiguous (depending on the
  interpretation of the text of the provision).
  
  The provision must be unconditional (there are no additional national
  measures necessary in order for the provision to be effective).
  
  The provision must take effect without further acts of the EU or Member
  States.

• 2 Negotiations

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• The six steps for negotiating between parties?

  
  1 A draws up an offer and sends it to B.
  
  2 The offer is delivered to B.
  3 B takes time to think things over.
  4 B comes to a decision and sends his acceptance to
  5 B’s acceptance reaches A: at the very moment B’s acceptance reaches A the agreement becomes final.
  6 This moment is just after the moment when an agreement becomes final.

• An offer is legal when which 3 things occur?

  1. Object is described 
     
  2. a price is determined 
  3. the number of objects is stated

• When is a offer valid?

  
  2 The offer is delivered to B
  An offer is a valid offer when it has reached the other party i.e. the offeree,B. This is often referred to as the ‘reception theory’. It does not matter when the offeree actually reads the offer

• What is the letter of intent?

  What is the legal status of negotiations? A letter of intent is often used to establish the current status of negotiations between the parties involved. Itis also intended to be a draft version of the final agreement. Parties have tobe accurate about the way the content of the letter of intent is drawn up.

• 3 Brussels I

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• What is a consumer contract?

  Contract concluded by a person, outside his trade or profession, to buy goods or services for domestic use. Brussels I limits the number of consumer contracts that fall under this Regulation.

• What is the court of law?

  Judicial body, under the control of the public authorities of a country, which has the power by law to give judgment on cases brought before it by parties that are engaged in a lawsuit.