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Transnational Buisness Law > Lessons > Flashcards

Lessons Flashcards

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1
Q

Rome 1 Regulations

A

govern choice of law for CONTRACTUAL OBLIGATIONS

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2
Q

Rome 2 Regulations

A

Govern choice of law for NON-CONTRACTUAL obligations

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3
Q

ART. 1-3 Rome 1 Regulations

A

There is almost unlimited freedom to choose the law of any country, irrespective of any connection with that country, subject to mandatory rules.

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4
Q

Simple mandatory rules

A

A given law would not be allowed to be excluded by contract if that law were the applicable law but which could be avoided by choice of a different law.

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5
Q

internationally mandatory rules

A

Apply regardless of the otherwise applicable law.

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6
Q

PECL

A

Principles of European Contract Law

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7
Q

ART. 4 Rome 1 Regulation

A

If parties do not specify a governing law or if their choice is invalidated, the governing law will be determined on the basis of some “objective connecting factor”.

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8
Q

ART. 5-8 Rome 1 Regulation

A

A contract for the sale of goods, service, franchise, distribution contract, shall be governed by the law of the country where the seller has his habitual residence.

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9
Q

ART. 19 “Habitual Residence”

A
  • For companies: place in which the administration is located.
  • For a natural person: principal point of the business.
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10
Q

ART. 25 Brussels 1 Regulations

A

If the parties agree jurisdiction to settle disputes those courts have in principle, EXCLUSIVE JURISDICTION

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11
Q

ART. 5 Brussels 1 Regulation

A

Individuals should only be sued in their member state of domicile.

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12
Q

ART. 4 Brussels 1 Regulations

A

Person domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.

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13
Q

Forum Shopping

A

A tactical practice pursued by some litigants to commerce legal action in “plaintiff friendly” jurisdiction even where no connection claim.

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14
Q

ART. 36-37 Brussels 1 Regulations

A

Ensures that judgments given in a member state are recognised and enforced in all other Member State without special procedures.

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15
Q

UNIDROIT

A

International Institute for the Unification of Private Law.

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16
Q

Convention on CISG

A

Convention on Contract for International Sales of Goods.

17
Q

UNICITRAL

A

UN Commission on International TRAde Law.

18
Q

ART. 25 CISG

A

“FUNDAMENTAL BREACH”

“a breach is fundamental if it results in such detriment to the other party as to substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach didn’t foresee such a result”

19
Q

ART. 78 CISG

A

The damaged part can ask for the payment of interests in case of late payment, but CISG doesn’t specify the rate from which it is payable.

20
Q

ART. 79 CISG

A

“FORCE MAJEURE”

“A party is not liable for failure to perform his obligations due to an impediment beyond his control and that he could not reasonably be expected to have taken it account at the time of conclusion of the contract or avoided its consequences”

21
Q

INCOTERMS

A

INternational COmmercial TERMS

They are pre-determined trade terms used in sales contracts, useful to determine who is responsible at each step of transportation.

INCOTERMS > Vienna Convention

22
Q

TTIP

A

Transatlantic Trade and Investment Partnership

23
Q

TTP

A

Trans-Pacific Partnership

24
Q

USMCA/NAFTA 2.0

A

USA, Mexico and CAnada trade deal

25
Q

Trademark Protection

A

It lasts 10 years and can be renewed.

26
Q

Copyright

A

It doesn’t require to be registered and it lasts for the whole life of the artist + 50/100 years (depending on the category of work).

27
Q

ART. 15 New EU Copyright Directive

A

Websites owners must pay for displaying snippets of content.

28
Q

ART. 17 New EU Copyright Directive

A

The new law holds platforms directly accountable for the content they host, with few exceptions.

Online content-sharing providers need to obtain an authorisation from rights-holders for the content upload on their websites.

29
Q

Design Rights

A

Their protection lasts 25 years and includes also 2 and 3 dimensional shapes and designs (if REGISTERED).

Automatic right to 3 dimensional shape (but not 2 dimensional shape) lasts for 10-15 years.

30
Q

Patents

A

Rights granted to protect an invention or industrial process in exchange for public disclosure of invention.

Their protection need 2-3 years to be effective and lasts for 20 years.

Transnational Buisness Law (2 decks)

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