Common Law

3659 Words Jul 18th, 2012 15 Pages
1- Define
Common law, derived from English law and found in England, the United States, Canada, and other countries once under English influence;
Civil or code law, derived from Roman law and found in Germany, Japan, France, and in non-Islamic and non-Marxist countries;
Islamic law, derived from the interpretation of the Koran and found in Pakistan, Iran, Saudi Arabia, and other Islamic states;
A commercial legal system in the Marxist-socialist economies of Russia & the republics of the former Soviet Union, Eastern Europe, China, and other Marxist-socialist states whose legal system centered on the economic, political, and social policies of the state.
Arbitration
A procedure used as an alternative to “litigation” in which parties in
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In general, a U.S. citizen is subject to the laws of the U. S. as well as to those of any foreign country in which he lives or works.

In the case of a conflict, & unless the government of the citizen takes up the citizen’s case in an international court, jurisdiction is generally determined

(1) on the basis of jurisdictional clauses included in the contract,

(2) on the basis of where a contract was entered into, or

(3) on the basis of where the provisions of the contract were performed.

The jurisdictional clause is the most clear-cut & is usually honored.

3- Discuss the state of international commercial law.

Commercial law, varies in meaning between common law (where commercial disputes are subject either to civil or commercial law) & code law (where a codified inclusive commercial law exists).

Consequently, there is no such thing as an “international” commercial law,

In general, the marketer must deal with national commercial laws & must vary his operations from country to country with regard to its individual laws.

Progress toward unification is being taken with greatest success in the EEC countries, which eventually aim toward a unified

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