Different countries, different legal systems

Question 1

Rechtssystem

Answer 1

jurisdiction

Question 2

When companies enter into international commercial agreements, why is it important to decide on the aplicable legal jurisdiction before the contracts are signed?

Answer 2

• if theres no such clause, it is basically legal to chose whatever jurisdiction you want
• the contractual partner who hands in the legal action can chose in which country he hands in the action to use a jurisdiction in favour of him
• so it might get pretty unfair
• if the contractual partners chose a fair jurisdiction for both partners beforehand there will be a more fair process

Question 3

Why might developing countries and emerging economies want to ensure that their laws and regulations are business friendly to foreign companies

Answer 3

• they want to have a good so called “doing-business ranking”
• Can be made money with law suits, e.g. slaries for judges and lawyers etc.
• it invites companies to do further investion into countries with good jurisdictions because doing business in easier and more fair
• the lawyers and attorneys have to be served when they travel to caught

Question 4

What´s forum shopping?

Answer 4

• forum shopping means choosing a law after a dispute arises

- In most cases that will be unfair because both parties to the dispute will try to choose a system in their favour

Question 5

For what kind of business is English law commonly used?

Answer 5

• financial services
• gives the contractual partners to write in the contract whatever they want
• but the judes are very strict in enforcing the chosen terms of a contract
• it´s a good combination of flexibility before the contract is made and rigidity afer

Question 6

Kläger

Answer 6

plaintiff

Question 7

Anwalt

Answer 7

lawyer/attorney

Question 8

Urheberrecht

Answer 8

copyright

Question 9

Scheidungsvereinbarung

Answer 9

divorce settlement

Question 10

an idea that is hard to define

Answer 10

elusive concept

Question 11

compensation for an untrue published statement that harms someone´s reputation

Answer 11

libel damages

Question 12

Different law systems

Answer 12

1) Civil law
2) Common law
3) Customary law
4) Religious law
5) Mixed law

Question 13

What´s civil law?

Answer 13

• most widespreaded
• used in Germany and many other European countries
• legal authority is written into strict written codes
• judges just apply these codes

Question 14

What´s common law=

Answer 14

• Is not based on laws but legal precedents developed over time by judges
• judges seek for similar cases to apply the outcomes on the new ones
• of cause they have wirtten clauses too but the actual decision often depends on these precedents
• Common law is spreaded in english speaking countries

Question 15

What´s religious law?

Answer 15

• Is based on religious beliefs and texts

- Best known onee is the Sharia law, which is the islamic law