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transnational business law primo parziale
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- Transnational business law governs international commercial transactions, focusing on private law and providing uniform rules ("lex mercatoria").
- International sources of law include conventions, regional harmonization efforts like EU directives, customary law, standard contracts, and commercial principles.
- Key elements for a contract's enforceability are offer, acceptance, intention to create a binding agreement, capacity, consideration, and writing (or part performance).
- An offer can be changed until accepted or terminated by revocation, lapse, operation of law, or rejection. Acceptance must be unequivocal and communicated in the same manner as the offer.
- Capacity requires legal capability to enter a contract, considering factors like age, mental state, and language. Consideration must have value, even if minimal, for a valid contract.
- Formation involves authority, capacity, duress, undue influence, and correct execution of deeds and documents. Recitals set the scene, enforceable terms contain the content, and schedules provide commercial details.
- Contractual clauses include conditions, warranties, entire agreement, liability (exclusion and limitation), governing law, jurisdiction, variation, assignment, and force majeure.
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