Activity 3ITS TIME - COURSE MAIN DSAF PDF

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Profesional Actividad

Nombre:

Matrícula:

Rebeca Martinez Gonzalez

27674O3

Emily Aseret Molina Lopez

27758O2

Emmanuel Montiel Aguilar

44996O6

Alexis Ricardo Briones Castillo

2893985

Israel Garcia Marquez Nombre del curso: International Contracts

Nombre del profesor: María Mercedes Guerrero Luna

Módulo: 1

Actividad 3. Análisis de cláusulas contractuales según tres principios UNIDROIT y un principio OMC de comercio internacional.

Fecha: 23/02/2021

Activity 3. Analysis of contractual clauses according to three UNIDROIT principles and one WTO principle of international trade. Before starting the activity, review the readings and videos of the topic. Description (Links to an external site.) Activity objective: To interpret a contractual clause based on three UNIDROIT principles and one WTO principle in order to understand their essence within a commercial contract. Activity description: The student will apply the UNIDROIT and WTO principles to international commercial contracts. Activity requirements: As a preparation for the activity, you need to bring the following information: 

The UNIDROIT principles 2010



WTO commercial principles

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Instructions: (Links to an external site.) 1. Analyze the following clause from an international commercial contract, and identify three UNIDROIT principles that may apply. Justify your answer: Article 1.2 (Freedom of form) Nothing in these Principles requires that a contract be entered into or formalized in writing. It can be verified by any means, even with witnesses. Article 1.5 (Exclusions or modifications made by the parties) The parties may dispense with the application of these Principles, repeal provisions or modify their effects, unless otherwise provided in said Principles. Article 2.14 (Contract with undetermined clauses) (1) The fact that the parties have intentionally failed to establish the terms of a certain clause subject to future negotiations or a decision by a third party does not prevent the conclusion of the contract if the parties they had the specific intention of perfecting it.

1. Why do you think those principles are applicable? The first (Freedom of form) is applicable in all senses since it represents the freedom to belong to the agreement freely with the evidence of being part of it in a consensual and legal way to proceed in the future with any breach. The second (Exclusions or modifications made by the parties) this is applied by the fact of depending on some affectation by the variations of the international market during the contract process The third (Contract with undetermined clauses) (1) is focused on the same point as the second given that they await the determination of a third party to have the position of being able to modify and / or perfect it for derivative of future negotiations. 2. Indicate their corresponding UNIDROIT article

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Artículo 1.2 Artículo 1.5 Artículo 2.14 3. Conclusión We must mention that in addition to these articles that regulate the case, they are not the only ones that are present within the contract, we can locate some others with this clause, however in conclusion the important thing is to know how to identify and know when the articles arranged from the UNIDORIT, since apparently they require the exact regulation within the contracts stating the validity signed internationally for each of the parties and counterparts involved, as we saw in this case, that although a third party was not as such, It was agreed to go hand in hand with the changes that could arise through the world economy and markets, including the same changes in currencies that could arise during the process.

2. Imagine that Mexico imports mangoes from Brazil, and the price of mangoes goes up 3% because it is a foreign product. What WTO principle would apply? Why? 1. Analyze the situation 2. Indicate which of the WTO principles apply and explain why 3. Explain your answer The principle of 'Freer trade' which is regulating us that the reduction in tariff barriers should be essential in international trade in order to obtain a more effective way to encourage and carry out a fairer exchange, as well as despite the price increases, certain import prohibitions and those administrative requirements that are essential are taken, as well as in this case the mangoes are being commercial

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Clause: 1. SECOND. - Price and payment method. 2. The price of the products under this contract that the "Buyer" commits to pay is $ 316,800, as DDP INCOTERMS, ICC. 3. Both parties agree to renegotiate the price formerly agreed, when it is affected by variations in the international market or extreme economic, political or social conditions in the origin or target country, to the detriment of any party. 4. Payment method. The "Buyer" agrees to pay to the "Seller" the price agreed in the preceding clause, by means of a confirmed and irrevocable documentary letter of credit that is payable promptly upon presentation of the following documents: original invoice, letter of credit approval, signed promissory note, certificate of incorporation of the company, and authorization by the legal representative. 5. Under what was agreed in the previous paragraph, the "Buyer" agrees to make the necessary arrangements, so that the letter of credit is established under the conditions indicated in the Bancolombia bank, Bogota, which is valid for 2 years. 6. The "Buyer" will pay the expenses incurred by the opening and management of the letter of credit. Deliverable(s): A report containing the summary of the analysis with the solution to the cases of study.

Evaluation criteria for this activity: (Links to an external site.) 1. Identification of three UNIDROIT principles that could be applied to the referred contractual clause. 2. Justify your answer:

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3. Mention of the corresponding article according to UNIDROIT. 4. Present your conclusion. 5. Correct identification of the WTO principle in the mangoes case example, and the rationale for your answer....