Business practices with the international civil disputes that are not contained choice of law in contract

Author: 
Cindawati

The purpose of this study is to describe and analyze: business practices of international civil disputes in case there is no choice of law in contracts.This research using normative juridical methods. The results of this study with a very dominant theory has been widely accepted and known as The Most Characteristic Connection Rule. According to this theory, the applicable law is the law of the parties who have a very characteristic achievement. In the field of international business, then the law applicable exporters because it contains the most characteristic. Logically obvious that the exporter / seller faces many buyers so there must be provisions which are more common. The court will determine the choice of law based on the law of one of the parties who perform feats of the most characteristic in a transaction. Associated, or also called Linkage Theory Closest and Most Realistic. According to this theory, the tendency of the applicable national law. Sample Letter of Credit (L/C) is the law of the country where the issuing bank is the place to do issuance of L/C, where he did change the L/C, the implementation of research documents L/C and L/C payment implementation.

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