THE APPLICABLE LAW. 28.1 The validity, interpretation and implementation of the Contract shall be governed by the laws of the People’s Republic of China. Failing the relevant provisions of the laws of the People’s Republic of China for the interpretation or implementation of the Contract, the principles of the applicable laws widely used in petroleum resource countries acceptable to the Parties shall be applicable.
THE APPLICABLE LAW. The applicable right to the contract is the right of Byelorussia. On all questions which have been not settled by the contract, the Parties will be guided by certificates of the legislation of Byelorussia.
THE APPLICABLE LAW. 40 ARTICLE 28: LANGUAGE OF CONTRACT AND WORKING LANGUAGE........................................... 40 ARTICLE 29: MISCELLANEOUS....................................................................... 40 ANNEX II: ACCOUNTING PROCEDURE................................................................ 43
THE APPLICABLE LAW. The Defendant asserts that the contract provided that the applicable law is to be construed in accordance with the laws of the Co-operative Republic of Guyana.
THE APPLICABLE LAW. 9. The defendant’s application is made pursuant to the Civil Procedure Rules, 2002 (CPR) r. 69.4 which reads:
THE APPLICABLE LAW. 22.1 The validity, interpretation and implementation of this Agreement shall be governed by the laws of the Czech Republic. Failing the relevant provisions of the laws of the Czech Republic for the interpretation or implementation of the Agreement, the principles of the applicable laws widely used in petroleum resource countries acceptable to the Parties shall be applicable.
THE APPLICABLE LAW. 本協議應依中華民國之法律予以解釋及規範；雙方對於本協議或因本協議而引起之疑義或糾紛，同意依誠信原則解決之。 This Agreement shall be construed under and governed by the laws of the Republic of China(Taiwan). The parties agree to use good faith to resolve any question or dispute that may arise among or between them under or in connection with this Agreement. 第十一條 合意管轄
THE APPLICABLE LAW. 24.1. The Law of the State of Kazakhstan Republic for the Contract and other agreements signed on the basis of the Contract is applied.
THE APPLICABLE LAW. This Agreement and all matters related thereto, including the interpretation and performance hereof, will be subject to the laws of the State of Israel alone.
THE APPLICABLE LAW. [5] In my opinion, the law on this issue has been well settled for over a century. The general principle is that a guarantor would be discharged from his obligations if there has been some positive act done by the Creditor to the prejudice of the guarantor, or the creditor exhibits such degree of negligence as to imply connivance and amount to conduct which is unfair to the surety. This basic rule, however, does not extend to situations where the creditor merely fails to prosecute his rights diligently. [6] The law is summarized in Chitty on Contracts 25th edition para 3202: “Except where it is provided to the contrary, any variation of the principal agreement by the owner and hirer without his consent will normally discharge the guarantor from his obligations under the contract of guarantee. The guarantor will also be released if the owner enters into a binding agreement with the hirer to grant him an extension of time for payment, unless the owner at the same time expressly reserves his rights against the guarantor or the extension of time is allowed with the guarantor’s consent. But the mere omission to press the hirer for payment will not have this effect. The termination of the hiring or the hire-purchase agreement, whether upon a repudiation by the hirer accepted by the owner, or by the owner under the terms of the agreement, or voluntarily by the hirer, will not discharge the guarantor from liability.” [7] The basic rule was expressed in Holme v Brunskill QBD (1877-79) 495 where it was held that a guarantor was absolved from liability where the principals had entered into a varied agreement without the consent of the guarantor. In the Court of Appeal affirming that decision at 505 of Xxxxxx XX said: “the true rule in my opinion is that if there is any agreement between the principals with reference to the contract guaranteed, the surety ought to be consulted, and that if he has not consented to the alteration, although in cases where it is without inquiry evident that the alteration is insubstantial, or that it cannot otherwise than be beneficial to the surety, the surety may not be discharged; yet, that if it is not self-evident that the alteration is unsubstantial, or one which cannot be prejudicial to the surety, the Court, will not in an action against the surety, go into an inquiry as to the effect of the alteration, or allow the question, whether the surety is discharged or not, to be determined by the findings of a jury as to the materiality ...
