International Sale. II.1 Fundamental aspects (concept and legal character) The international sales contract is a separate contract with specific characteristics to internal sales contract. The concept of international sales is more comprehensive than the concept of contract of sales and involves an amount of economic activity and legal relations. The external contract is a bilateral agreement by which one of the parties, usually the seller, in a given country, undertakes to deliver to the other party, usually the buyer in other country, one of his properties, by quantity or quality determined, in a certain place and at a certain time, under conditions agreed, for a price.3 An extraneity element appears in the international agreement, an element that gives the parties the right to determine the law to govern their contract. The contracting parties may choose the law of the land of the seller, the law of the country of the buyer, the law of a third country, filled with rules arising from international conventions and rules of interpretation of international practice. Part of the legislation has provided that if the parties do not agree on the law applied to them, shall be applied to the contract. In case of international contract, the entire assembly of normative regulations of a state and not a single act or a single law is applied. Lex contractus governs all legal transactions on training, effects, performance and redemption of contractual obligations, not having the ability of the parties as object, the establishment of real rights, the external form of the legal act.4 The contracting parties shall determine the elements of the contract, adopting international usages and practices by registration of clauses in the contract referred to these or by the formulation of type-clauses, integrated in the contract. The contracting parties shall have legal capacity, the consent is not flawed and the conclusion of the sales contract must stand on a legal and moral question. The capacity of the contracting parties is determined by the lex patriae (national law) and the establishment of real rights falls under the law of the place where the goods are situated (lex rei sitae). The contracting parties under the freedom granted to them, determines the elements of the contract, assuming mutual obligations and adopting the international use and 3 International Commercial Contracts, Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxxx Xxxx, Publisher of University of Craiova, 2001, p. 9 4 Internationa...
International Sale. The United Nations Convention on Contracts for the International Sale of Goods (ratified in Italy with Law no.765/1985) does not apply to any sale or supply of GAI machinery made by GAI to the Buyer under these Terms.
