Civil Law. (Wrongs) Xxx 0000 (ACT) Ch 7A;
Civil Law. (Wrongs) Act 2002 (ACT);
Civil Law. The civil law generally enforces fixed sums, whether intended to approximate damages or to deter breach. Thus, a fixed sum intended as a “penalty” will typically be enforced. While a court may adjust the amount of a “penalty” it considers excessive, the fact that the “penalty” tends to deter breach does not, itself, preclude enforcement. The sole issue is the amount of the penalty and whether that amount is deemed excessive.64 In view of the fact that most civil law regimes provide limits on the amount of a penalty clause, one might be tempted to suggest a similarity between the civil and common law approach in that each provides certain limits on the amount of a contractually agreed upon fixed sum. However, any such suggestion fails to account for the fundamentally different approaches taken by the two systems in justifying such limits. As explained below, the common law abhors any penalty—irrespective of the amount.
Civil Law. The applicant must, in particular:
(a) be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;
(b) be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;
(c) be able to consider a claim by the applicant's principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects the applicant's contractual liability; and
(d) be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road done in Geneva on 19 May 1956.
Civil Law. Law of the Republic of Latvia. In force since 28.01.1937. // “Vestnesis” Nr. 46.
Civil Law. The seller is bound by the warranty due to latent defects of the object sold which may render it unfit for the use for which it is intended, or which so limit this use that the buyer would not have purchased it, or would have paid a lower price, had they been known. "
Civil Law.
1 Note that optional clause III.H.1 of the Model DR Agreement allows the parties to exclude that particular provision of the English Arbitration Act when the parties have selected London as their seat of arbitration, thus preventing an appeal to the English courts on a point of law. Civil law legal systems of modern societies are in line with current trends on international commercial arbitration. According to the UNICTRAL Secretariat, by year 2016, a total of 102 jurisdictions in 72 states had adopted the UNCITRAL Model Law on International Commercial Arbitration as their legislation for arbitral proceedings, and at least half of those 72 states have, or are strongly rooted in, civil law systems. The adoption of the UNCITRAL Model Law by such jurisdictions gives more clarity about their adherence to standardized rules and institutions produced and accepted by the international community. In civil law systems, there are several governmental decisions or actions, that cannot be arbitrated and that can only be challenged before national courts. There are some disputes that governments deem too important to be left for private arbitrators to decide. Within civil law systems, this often happens to controversies in connection with termination or rescission of contracts, bankruptcies, labor controversies, and tax disputes, among others. These exclusions are sometimes listed in the legislation applicable to the contract, and most of the times are included in the same dispute resolution agreement or clause. Furthermore, in some cases, arbitration proceedings can only be held in specific places, pursuant certain lex arbitri, language, venue, etc. Intrinsically, civil law legal systems do not have a hostile position towards arbitration as a means to solve controversies. In other words, there is nothing within such legal systems theoretically opposed to arbitration. In fact, arbitration has been present in Roman law - the origin of civil law systems - from the early stages of codified legislation. In any case, arbitration laws are determined based on specific experiences, perspectives and theories held by each jurisdiction. Civil law contracts are usually less detailed than contracts using the common law. This is a consequence of the abstract character of the Code, which is more comprehensive as to circumstances that may possibly affect the execution of contractual obligations. The Code determines the contractual obligations unless the parties modify them. Conseque...
Civil Law. Obligations. Bucharest: Hamangiu.
