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Hi, need to submit a 2250 words essay on the topic International Business Environment & Trade.The remedies are not determined easily as they may be complicated when the contracting parties originate f
Hi, need to submit a 2250 words essay on the topic International Business Environment & Trade.
The remedies are not determined easily as they may be complicated when the contracting parties originate from countries that have different legal systems. The codes of law from different countries contain legal principles which are upheld and enforced by courts. Legal frameworks exist from scratch borrowed from civil law system and may incorporate the common law principles. This paper attempts to explain the complexity that is involved in harmonizing the international trade through international transaction for the sale of goods.
The international transaction for the sale of goods to harmonize the laws on international sales. This serves as a code for the common law and incorporates the principles outlined in common law, civil and socialist laws. This strikes a compromise between the principles from various legal systems but criticisms have been leveled against it. However, there has been a shortcoming which must be applauded as worthwhile attempt towards harmonizing in place of diversity that otherwise would prevail. The CISG provides common rules that govern the international sales. This does not apply to all transactions involving sale of goods. CISG only governs formation of sale contracts and outlines the rights and duties of both buyer and seller. This has altered the established law o sales. Nevertheless, this does not allow for terms of usage and validity of the contract. The scope of CISG application is contained in articles 4 and 5. Similar to other conventions that aim at harmonizing certain sections of the law, CISG has not been able to provide a comprehensive code regarding the regulation of the matters falling within certain spheres of application. Some matters have been termed as controversial due to the difference between national laws making it hard to harmonize various approaches (Burnett, 2004).
In its move to ensure maximum support, drafters decided to neglect some issues outside the scope by CISG and opted for a highly acceptable