Derecho internacional privado (copy)

What is Private Law

Private law applies to relationships between individuals in a legal system. It includes the law of property and trust, family law, the law of contract, mercantile law and the law of tort

Article 1.1: Freedom of contract

Parties are free to enter into a contract and to determine is content.

Article 1.2: no form required

Nothing in these Principles requires a contract, evidenced by a particular form.

Article 1.3: Binding carácter of contract

A contract validly entered into is binding upon the parties. It can only be modified or terminated in accordance with its terms or by agreement

Article 1.4: Mandatory rules

 

Nothing in these Principles shall restrict the application of mandatory rules, whether of national, international or supranational origin.

Article 1.7: Good faith and fair dealing

·        Each party must act in accordance with good faith and fair dealing in international trade

·        The parties may not exclude or limit this duty

Article 2.2.1: Definition of offer

A proposal for concluding a contract constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance.

Article 2.1.6: Mode of acceptance

1.        A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.

Conflict of laws

refers to a difference between the laws of two or more iurisdictions with some connection to a case. such that the outcome depends on which jurisdiction's law will be used to resolve each issue in dispute