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Showing posts from May, 2017

CONSUMERS BEWARE (RULES ON PRICING)

I believe that most of you encountered the situations when various entities such as restaurants, cafes, shops etc. did not provide you with the price list (menu) or provided you the price in foreign currencies, or no price was attached at a good for sale.  Did you ever react in these situations ?  Well, let me guess;  some of you did not, just did not want to waste a certain time on this matter, the others were just not aware of the rules stipulated below:  A ll legal entities (companies) or individual entrepreneurs (physical persons) are obliged by law to provide you with the price list (menu) for sale of any single item (good) or for rendering any kind of a service or to provide a price in the official currency of the place (country etc.) .  If lawyers express this by using a legal term, they would call it:  ' 'Violation of discipline of prices''   What does it mean ?   It means;   -absence of price list at good...

LAWYERS' BATTLES FOR CHOICE OF LAW IN CONTRACTS

What do we know about choice of law in contracts?  A choice of law determines the validity, enforceability of the contract, the rights and obligations of the parties which are not always expressly written in the contract. It helps the parties of the contract to get compensation for damages, penalties, injunctions, interim measures etc. Because, not all issues are drafted and well regulated in the contract provisions agreed by the parties.  Some lawyers, businessmen do not see the seriousness of the choice of law clause in contracts. Today I read the article (‘ ’International Arbitration in London from the perspective of a civil law lawyer: Rome I Regulation and Contractual Penalties'' ) on Kluwer Arbitration Blog (http://kluwerarbitrationblog.com/2017/05/24/international-arbitration-in-london-from-the-perspective-of-a-civil-law-lawyer-rome-i-regulation-and-contractual-penalties/) about hidden sides of the non-choice of law and/or a choice of CISG rules (Convention on ...

INTERACTION (my reply to the reader's letter)

I have recently received the below mentioned letter on the article   (the contractual aspects of Fifty Shades of Grey trilogy)  written previously by me.  First of all, let me express my gratitude that you have read and spent countless hours by analyzing this article. It is very delightful to receive such an analyzed opinion for this issue. Please be ensured that the confidentiality of this letter shall be observed and the letter is being published in an original copy:  Здравствуйте, Тогрул Пишет вам постоянная читательница вашего блога. Нет, я совершенно не разбираюсь в юриспруденции, я вообще блондинка, причем, это не метафора, а реальный оттенок моих волос. Ну, как реальный, крашеная… Зачем я все это вам рассказываю? : D  Итак, я искала информацию по брекзиту, а набрела на такой интересный анализ, с тех пор периодически проверяю вашу страницу на наличие обновлений.   Надо сказать, что пока я читала роман «Пятьдесят оттенков серого», я под...

CONFLICT ON SHAREHOLDERS' RIGHTS

Most systems of national corporate law do not recognize ‘reflective loss’ of shareholders. Which means that shareholders are not permitted to claim for reflective losses (i.e. indirect losses) incurred as a result of harm caused to their companies, particularly through a loss in value of their shares. This principle is called as ‘no reflective loss’’ under domestic corporate law. Reversely, this kind of claims for reflective loss are traditionally recognized under international investment law within the hundreds of bilateral investment treaties (BITs) that have been concluded during the last decades.  The origin of and the difficulties and imbalances stemming from this dichotomy are subject to research between international investment law and domestic corporate law, and will - as far as necessary – define possible solutions.  The level of the conflict between domestic corporate law and international investment law with regard to shareholder claims for reflective ...