Podcast
Questions and Answers
What do the Principles set forth?
What do the Principles set forth?
general rules for international commercial contracts
When should the Principles be applied?
When should the Principles be applied?
when the parties have agreed that their contract be governed by them
In what situations may the Principles be used to provide a solution?
In what situations may the Principles be used to provide a solution?
when it proves impossible to establish the relevant rule of the applicable law
For what purpose may the Principles be used in relation to international uniform law instruments?
For what purpose may the Principles be used in relation to international uniform law instruments?
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What role may the Principles serve for national and international legislators?
What role may the Principles serve for national and international legislators?
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How is the international character of a contract defined?
How is the international character of a contract defined?
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What is the assumption regarding the concept of 'international' contracts in the UNIDROIT Principles?
What is the assumption regarding the concept of 'international' contracts in the UNIDROIT Principles?
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What is the intention behind restricting the UNIDROIT Principles to 'commercial' contracts?
What is the intention behind restricting the UNIDROIT Principles to 'commercial' contracts?
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What types of economic transactions are included in the broad concept of 'commercial' contracts according to the UNIDROIT Principles?
What types of economic transactions are included in the broad concept of 'commercial' contracts according to the UNIDROIT Principles?
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What is the scope of the criteria laid down by the UNIDROIT Principles for 'international' contracts?
What is the scope of the criteria laid down by the UNIDROIT Principles for 'international' contracts?
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What is the distinction that the UNIDROIT Principles do not intend to make in relation to 'commercial' contracts?
What is the distinction that the UNIDROIT Principles do not intend to make in relation to 'commercial' contracts?
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What are some examples of transactions that fall within the scope of 'commercial' contracts according to the UNIDROIT Principles?
What are some examples of transactions that fall within the scope of 'commercial' contracts according to the UNIDROIT Principles?
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What type of transactions are excluded from the scope of the UNIDROIT Principles' application?
What type of transactions are excluded from the scope of the UNIDROIT Principles' application?
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What is the aim of the distinction between 'commercial' and 'consumer' transactions in the UNIDROIT Principles?
What is the aim of the distinction between 'commercial' and 'consumer' transactions in the UNIDROIT Principles?
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What specific type of party is aimed to be protected by the exclusion of 'consumer transactions' in the UNIDROIT Principles?
What specific type of party is aimed to be protected by the exclusion of 'consumer transactions' in the UNIDROIT Principles?
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How are 'consumer transactions' defined in the UNIDROIT Principles?
How are 'consumer transactions' defined in the UNIDROIT Principles?
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What contracts are the UNIDROIT Principles basically conceived for?
What contracts are the UNIDROIT Principles basically conceived for?
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When should the UNIDROIT Principles be applied?
When should the UNIDROIT Principles be applied?
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What may the UNIDROIT Principles provide a solution to when it proves impossible to establish the relevant rule of the applicable law?
What may the UNIDROIT Principles provide a solution to when it proves impossible to establish the relevant rule of the applicable law?
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What may the UNIDROIT Principles be used to interpret or supplement?
What may the UNIDROIT Principles be used to interpret or supplement?
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For what purpose may the UNIDROIT Principles serve as a model?
For what purpose may the UNIDROIT Principles serve as a model?
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What is the range of solutions adopted in both national and international legislation for defining the international character of a contract?
What is the range of solutions adopted in both national and international legislation for defining the international character of a contract?
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What is the assumed interpretation of 'international' contracts according to the UNIDROIT Principles?
What is the assumed interpretation of 'international' contracts according to the UNIDROIT Principles?
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What is the intention behind the restriction of the UNIDROIT Principles to 'commercial' contracts?
What is the intention behind the restriction of the UNIDROIT Principles to 'commercial' contracts?
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What is the scope of the criteria laid down by the UNIDROIT Principles for 'international' contracts?
What is the scope of the criteria laid down by the UNIDROIT Principles for 'international' contracts?
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What types of economic transactions are included in the broad concept of 'commercial' contracts according to the UNIDROIT Principles?
What types of economic transactions are included in the broad concept of 'commercial' contracts according to the UNIDROIT Principles?
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What is the assumed concept of 'commercial' contracts according to the UNIDROIT Principles?
What is the assumed concept of 'commercial' contracts according to the UNIDROIT Principles?
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What specific type of party is aimed to be protected by the exclusion of 'consumer transactions' in the UNIDROIT Principles?
What specific type of party is aimed to be protected by the exclusion of 'consumer transactions' in the UNIDROIT Principles?
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What is the restriction that the UNIDROIT Principles do not intend to make in relation to 'commercial' contracts?
What is the restriction that the UNIDROIT Principles do not intend to make in relation to 'commercial' contracts?
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How are 'consumer transactions' defined in the UNIDROIT Principles?
How are 'consumer transactions' defined in the UNIDROIT Principles?
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What is the aim of the distinction between 'commercial' and 'consumer' transactions in the UNIDROIT Principles?
What is the aim of the distinction between 'commercial' and 'consumer' transactions in the UNIDROIT Principles?
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What is the assumed interpretation of the international character of a contract according to the UNIDROIT Principles?
What is the assumed interpretation of the international character of a contract according to the UNIDROIT Principles?
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Study Notes
UNIDROIT Principles Overview
- The UNIDROIT Principles set forth a uniform framework for international commercial contracts.
Applicability of the UNIDROIT Principles
- The UNIDROIT Principles should be applied when national or international uniform laws are inadequate or unclear.
- The Principles may provide a solution when it is impossible to establish the relevant rule of the applicable law.
International Character of a Contract
- The international character of a contract is defined as a contract having a significant connection with more than one country.
- The assumption is that 'international' contracts are those that involve parties from different countries.
Scope of 'Commercial' Contracts
- The UNIDROIT Principles are restricted to commercial contracts, which include a broad range of economic transactions.
- Examples of commercial contracts include sales, leases, distributors, and licensing agreements.
- The exclusion of 'consumer transactions' aims to protect individual consumers.
Characteristics of 'Commercial' Contracts
- The UNIDROIT Principles do not intend to distinguish between different types of commercial contracts.
- The Principles are basically conceived for business-to-business contracts.
Excluded Transactions
- The UNIDROIT Principles do not apply to consumer transactions, which are defined as contracts between a business and an individual consumer.
Purpose of the Distinction between 'Commercial' and 'Consumer' Transactions
- The distinction is intended to protect individual consumers who are in a weaker bargaining position.
Role of the UNIDROIT Principles in Legislation
- The UNIDROIT Principles may serve as a model for national and international legislators.
- The Principles may be used to interpret or supplement national and international uniform laws.
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Description
Understand the purpose and application of general rules for international commercial contracts, and how they may provide solutions to contractual issues. Learn about their applicability when parties agree to be governed by them or by 'general principles of law'.