Contratos Internacionales ACT 2 PDF

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tema 2 y hasta ahorita todos con 100 en los apuntes...

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Nombre:

Matrícula:

Ximena Itzayana Ramos Justo Nombre del curso:

2897144 Nombre del profesor:

Contratos Internacionales Módulo:

Jaime Ignacio Cervantes Castellanos Actividad:

1 Fecha: 26 de ene. de 22 Bibliografía:

2

Instructions: A franchise took place between a Mexican and an Egyptian company. The parties entered into an International Franchise, but they did not take into account what law would be applicable in the case of a dispute over some agreed point. Egypt shipped the merchandise to Mexico; same that was delivered and received to satisfaction. The Mexican company has failed to comply with the payment of royalties to the Egyptian company for two years. What law applies in this situation to allocate liabilities? 1. Read carefully the above case. 2. Analyze every question. 3. Analyze the Inter-American Convention on the Law Applicable to International Contracts. 4. Based on the rules to identify the applicable law, and specifically referring to this case, indicate the legislation that should be used (Mexican or Egyptian). 5. Complement your result with the opinion of two authors on the subject. 6. Present your conclusions. Deliverable(s): A report containing the summary of the analysis with the solution to the case.

INTER- AMERICAN CONVENTION ON THE RIGHT APPLICABLE TO INTERNATIONAL TREATIES

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From the analysis in accordance with the provisions og chapter one, acticle 5 convention cannot be applied to dissolve the conflict of the practical case. There article 9 has to assume than in the parties they have not chosen the application law, or if their choice is inefficient the contract will be govermend by the law of the state whit it has the strongest and closest link In the meantime in the event that the Mexican company is the one that has not paid the royalties for more than 2 years it is considered that the Mexican legislation to be applied and the Mexican commerce code of the usa, because it is the rule that regulates commercial activities. CIDIP: this convention was adopted at the fifth inter-american specialized conference on private international law, held in Mexico city The parties found in states that are not the same at the time of conclusion of the contract will be vaild only of the law governing this convetion is complied whith in the relationship whith the substance or the right of one of thr states in which it is concludes or with the right of place of execution Contract stipulation The franchise agreement must have a minimum the follow stipulations: Concept definition The identification and general data of both parties The object of the franchise, the heading of the company and itd characteristics

Some of the considerations indicate that the exavt amount of the cannon and the percentage on the royalties along with advertising and travel tarfias for training that are not refundable, just as yo need to detail how and when you will have to make payments The last reason mentioned is important and was one of the points on which it is not considered for this case to have intentions to review it before signing The legislation that needs to be used is considered that the law that has to be applied is Mexican for the reason that is the country where the franchise is located and apart from everything is the debtor country It would be much safer in Mexico all the laws mentioned in the previous text wouls be followed as the would be valid

Profesional

Conclusion You always need an agreement that is the right one without having to take things lightly that always the wording of it will be the right one at all time expecification all the points that the franchise take with importance so that they have no future inconvenience due to misnterpretations....