Legislators and even literature on contract law tend to ignore the post-contractual phase, perhaps because of the excessive attention devoted to the pre-contractual phase. And yet the issue is particularly relevant for international commercial contracts drafters. This Article will focus on what happens after the end of a contract, i.e. on so-called post-contractual obligations, one of the issues many domestic laws definitely do not deal with satisfactorily.
Download Free PDF View PDF
Download Free PDF View PDF
Download Free PDF View PDF
Initially designed by Professor FONTAINE of the international institute for the unification of private law, UNILAWat the request of the OHADA Council of Ministers at its meeting in Brazzaville in February 2002, the future OHADA contract law goes beyond its framework. 'preliminary draft uniform act relating thereto to integrate a more comprehensive document. This is the preliminary draft uniform text on general law of obligations in the OHADA area. Officially submitted to the Permanent Secretariat in November 2015 by Professors Joseph ISSA-SAYEGH, Paul Gérard POUGOUE and Filiga Michel SAWADOGO of the "Fondation pour le Droit Continental", this text which does not purify the contractual rules inherited from the colonial legislator until then. applicable, marks some progress with regard to traditional law of obligations. A polysemic concept not defined by the said preliminary draft, the UNILAWprinciples and the Civil Code, good faith now radiates into the contract and is recognized as having a place during the pre-contractual period, at the time of birth, execution and execution. termination of the contract. Anything that justifies the construction of this study around a duality that allows us to address, on the one hand, good faith as a standard generating obligations in the future OHADA contract law and, on the other hand, good faith as a behavioral norm generating obligations whose violation is variously sanctioned in the future OHADA contract law.
Download Free PDF View PDF
Business Law Review
This article represents a unique attempt in academic literature to develop an all-comprehensive framework of severability in international contracts. After defining severability as a mechanism due to which a specific contract provision is insulated from the remainder of the contract, this article examines both the transactional and procedural variations of this notion. It prescribes a set of tools for maximizing the utility of transactional severability, on the one hand, and a set of rules for reinforcing the integrity of international adjudication through procedural severability, on the other. At the same time, this article critically analyses the downsides of these variations, proposing possible corrections to their application in international contracting.
Download Free PDF View PDF
Université Libre de Bruxelles
The aim of the present thesis is to provide an answer to the question of whether the Lex Mercatoria or the UNIDROIT Principles (UPICC) should be considered as a valid choice of law under the Rome I Regulation. After introducing the current limitation of the Rome I Regulation, which does not allow the parties to govern their contract by non-state laws, Chapter 2 of this paper focuses on finding an appropriate Lex Mercatoria that could be implemented as the governing law for international contracts. Chapter 3 proposes the UNIDROIT Principles (UPICC) as an appropriate supranational law capable of ruling the contract, featuring its advantages and its efficient implementation by national Courts from many legal systems. Then, Chapter 4 further demonstrates why selecting the UPICC stands as a suitable regime for international commercial contracts, discarding unfounded criticism against its employment. Considering the findings of the previous chapters, Chapter 5 suggests a lege ferenda proposal to modify Article 3 of the Rome I Regulation, to allow the parties to govern their contract by the UPICC, offering further clarifications regarding comparative law and advantages of applying the proposal in EU law. This paper concludes that the Lex Mercatoria is a vague concept that should not be used as the applicable law for contracts. Therefore, this paper states that the UPICC should be considered as a valid choice of law under the Rome I Regulation.
Download Free PDF View PDF
