Drept Comercial International

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curs 1 (international trade law)

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Introduction

During the past years the production of goods and services in a country becomes impossible and economic inefficient.

The states are determined world circuit of material and spiritual values. However this participation must be regulated by certain legal rules, therefore the ITL was conceived to regulate the relations which are established within the process of international exchange of materials, of spiritual values. These relations may be established between states and merchants, natural or legal persons or finally between merchants belonging to different states.

Definition

We may consider that the ITL represents all the legal rules that regulate the international trade relations between states and merchants form other countries or finally between merchants belonging to different states.

ITL is a branch of law.

The ITL is located between the natural systems of law and international public law. It contains legal rules of international law belonging to different branches of law and legal rules of international law.

The national legal rules contain all national rules of all the states in the world which regulate for each state its international trade. It also contains the legal rules of international public law concerning the participation of states in commercial relations.

1. object under settlement

2. own regulated method

ITL is a specific branch of law because it has its own object under settlement (the juridical relations of international trade) and its own method of regulating them.

The juridical relations of international trade

Has 2 features which makes the distinction between it and other juridical relations belonging to different branches of law. This 2 features are as follows:

1. the commercial nature

2. the internationality

1. Commerciality

- defined by each system of law

- however, there are 2 approaches when defining this feature in the national systems of law as follows

I. the subjective approach:

• found mainly in the German systems if law

• according to this approach all the juridical relations concluded between merchants, commercial companies or individuals are considered commercial relations

• the quality of the parties is essential when determining the commercial nature of a juridical relation

II. the objective approach

• characterizes the roman systems of law such as the French or the Romanian ones

• takes into consideration the objective nation of juridical acts or juridical facts a juridical relation is commercial because it is provided by the law no matter who concludes it

• in these systems of law the law contains a list of juridical acts or juridical facts which must be qualified as commercial

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