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Impact of common and civil legal systems upon execution of business to business transactions with industrial products and technologies

  • A contract as one of the essential means which regulates national and international commercial transactions, intended to determine the rights and responsibilities of the parties and protect their assets. Parties to international business transactions may freely choose the law governing their contract. As a result, parties are free to choose a contract law which best fits their needs, irrespective of its connection to the particular transaction. The market of contracts offers a choice among the laws of national jurisdictions and uniformed commercial contract law drawn up by intergovernmental organizations. Even application of a reputable national law or uniformed contract law does not guarantee eligible certainty. In particular, uncertainty is not admissible in transactions of industrial products and technologies, where protection of intellectual properties is one of the crucial aspects. In the aforementioned conditions, it might be a problem for businesses to make an appropriate choice of an applicable law of a contract, which is less complex, involves adequate efforts of contract enforcement and costs of dispute resolution. The task of this research is an analysis of different legal environment and making suggestions to a business in a subsequent strategy, depended on scopes of business transactions, national or international, and power levels of the involved parties. The research to be carried out in the following four parts, problem setting, theoretical study, empirical study and implementation. Solutions of the problems related to making and enforcement of a contract and dispute resolutions, basically may be divided into preventive and reactive actions. The preventive actions include choice of an applicable contract law, involving various mechanism to ensure that each party will stick to the contract terms, like self-enforcement, reputation, third party audits. As the reactive actions there may be considered, formal litigation through the judiciary system, which might be costly and slow, and alternative dispute resolution, such as an arbitration, mediation and conciliation hearings.

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Author:Igor Pokasov
Advisor:Niels Behrmann
Document Type:Master's Thesis
Year of Completion:2016
Granting Institution:Hochschule Furtwangen
Date of final exam:2016/02/29
Release Date:2016/06/02
Degree Program:MBA - International Business Management
Licence (German):License LogoUrheberrechtlich gesch├╝tzt