国际法与俄罗斯合同法之统一惯例.ppt

Chapter 2Unification of International Contract Law and Russian Contract Law Unification Terminology: unification,approximation,standartisation, coordination,harmonisation Unification: a process of elaborating and adopting of uniform for different states rules aiming to regulate commercial relations and to create uniform legal environment Main factors leading to Unification of contract law Political and economical factors: Economic development of different countries Internationalisation and globalisation of economy, transnational movement of goods and services, growth of transnational contacts and contracts Development of direct cooperation between private actors of commercial relations, diversification of economic contracts Contradiction between international character of economic relations and their national legislation Main factors leading to Unification of contract law Legal factors: Different legal systems in the World – common law and civil law, legal systems in the new independent states, recent example: Baltic and CIS countries Impossibility of adequate regulation of transnational commercial relations by national legislation Unification of private international rules (in Russian - Conflict of Law rules) versus unification of substantive rules Unification of contract law Significance: development of uniform rules for transnational economy in the fields: universal and regional unification, unification of PIL rules and substantive rules, elaborating of new instruments and by new privates players Universalism-regionalism of unification of contract law Foreign and Russian academicians R.David, C.Schmitthoff, E.Rabel, J.Basedow, I.Bonnel, A.Farnthworth, J.Honnold Lunz L.A. – Private International Law in 3 volumes, Boguslavskii M.M. – Private International Law, 5th edition Zvekov V.P. – Private International Law, 2th edition, Authors of the Commentaries of the 3rd part of Russian Civil Code: T.Abova, M.Bardina, I.Zykin, E.K