L'application jurisprudentielle de la Convention de Vienne de 1980 et la vente internationale des marchandises par les tribunaux du Bahrein et des Etats contractants du Golfe

par Mohammed Alhaidan

Projet de thèse en Droit international

Sous la direction de Georges Khairallah.

  • Résumé

    International contract law concerns the legal rules relating to cross-border agreements. When parties from different countries enter into a contract, they are governed by international contract law unless they agree to abide by the laws of one of the countries. It is frequently applied to international sales contracts.This type of contract law is broadly based on the idea of good faith and fair dealing in contracts. These principles are the basis of contract law in most jurisdictions. Good faith includes fair negotiations, an obligation to cooperate and good faith when terminating a contract. It also ensures that unfair contracts or deals are not enforced.International sales contracts are governed by the United Nations Convention on Contracts for the International Sale of Goods from 1980. The convention was developed in the hopes of promoting international trade by developing a global set of rules for contracts. The convention is a compromise between legal systems of common law, civil law and socialist law.One key element of international contract law includes the provision that the parties' nationality does not play any role when applying the law, thereby placing all parties on an equal playing field. Rules of the contracts are interpreted by what a reasonable person would consider fair and appropriate given the circumstances. International contract law is a branch of private international law, which relates to the cross-border dealings of individuals or companies.

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