International Trade Contracts Standard

Authors

  • م.د. امير صلاح نصر الاعرجي كلية القانون والعلوم السياسية-الجامعة الاسلامية

DOI:

https://doi.org/10.61353/ma.0010179

Keywords:

العقود, التجارة الدولية, المعيار الاقتصادي, المعيار القانوني

Abstract

Trade is of two types: domestic trade within the borders of the state, and international trade dictated by necessity that transcends the borders of states. Jurisprudence and the rulings of the Court of Cassation in France have been contested by two criteria for determining the international character of the contract. To determine the international character of the contract over a period of nearly seventy years in two main directions: the first relies on the legal standard and derives mainly from the analysis of the international contractual relationship and its response to its main elements, and the second depends on an economic standard derived from the impact of the contract on the economies of more than Therefore, based on the foregoing, the international trade contract can be defined as: a contract aimed at achieving profit and speculation or the transfer of services and funds across borders, and it is linked to more than one legal system, by actors or contacting the interests of international trade and achieving its goals.

The legal standard in its expanded concept is not sufficient to always attribute the international character to the commercial contract, because difference of nationality is not considered a critical element; the legal standard in its narrowest sense is sufficient for the internationalization of the commercial contract as it does not only fit an international standard for financial contracts but rather is a basis for attaching this character to all contracts Whatever its nature, which makes the legal standard in its narrowest sense sufficient to attribute the international character to commercial contracts, and by this it is sufficient for the international of the contract to provide one of the legal criteria in its narrow or economic concept as well as their presence together.

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Published

04-08-2023

Issue

Section

المقالات

How to Cite

International Trade Contracts Standard. (2023). Al-MAHAD Journal, 1, 179-194. https://doi.org/10.61353/ma.0010179

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