Essay on "Business Comparative Law"
Essay 8 pages (2004 words) Sources: 20
[EXCERPT] . . . .
If the contract is agreed to by all parties concerned then, even though the place of business is not located in the country of origin, the location can be governed by the laws of the country of origin (Davis, et al., 2001).Conclusion
Disputes can occur with any contract when one party or the other believes that they have been wronged. Of course this is complicated when the law of two separate countries is involved. Sometimes, unfortunately there is no clear law from one country or another, and in that case the court of the originating country can make precedent. This is a case where "Whenever a Court has felt what it believed to be the pangs of justice gnawing at it, the Court has had little difficulty in finding an escape from the sanctity of contracts rule. As a matter of fact, it may be fairly said that the exceptions have, for all practical purposes, consumed the rule" (Gathii, 2006). Since there are differences in the way that the law is read between the two countries, mainly based on the inclusion of religious law in Malaysia, it is important that every contract regarding the international IT business carry a clause which makes the Malay law and courts carry the final judgment.
References
X Arner, D.W., Booth, C.D., Lejot, P., & Hsu, P.F.C. (2007). Property rights, collateral creditor rights, and insolvency in East Asia. Texas International Law Journal, 42(3), 515-559.
CLW Malaysia. (2006). Laws of Malaysia: Contracts Act of 1950.
X Colon, R. (2011). Choice of law and Islamic finance. Texas International Law Journal, 46(2), 411-456.
X Davis, G.B., Ein-
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Davis, K., Trebilcock, M.J., & Heys, B. (2001). Ethnically homogenous commercial elites in developing countries. Law and Policy in International Business, 32(2), 331-378.
X Drahozal, C.R. (2000). Commercial norms, commercial codes and international commercial arbitration. Vanderbilt Journal of Transnational Law, 33(1), 79-132.
X Duca, L.F.D. (2007). Developing global transnational harmonization procedures for the twenty-first century: The accelerating pace of common and civil law convergence. Texas International Law Journal, 42(3), 625-675.
X Gathii, J.T. (2006). The sanctity of sovereign loan contracts and its origins in enforcement litigation. The George Washington International Law Review, 38(2), 251-287.
X Hirschl, L. (2008). The theocratic challenge to constitution drafting in post-conflict states. William and Mary Law Review, 49(4), 1179-1213.
X Hodgson, G.M. (2007). Institutions, recession and recovery in the transitional economies. Journal of Economic Issues, 40(4), 875-896.
X Hongsiri, R. (2003). Suing the Sovereign under Thai law. The George Washington International Law Review, 35(3), 695-711.
X Junius, A. (2007). Islamic finance: Issues surrounding Islamic law as a choice of laws under German conflict of laws principles. Chicago Journal of International Law, 7(2), 537-555.
Samuiforsale. (2011a). General contracts. Retrieved from http://www.samuiforsale.com/Law-Texts/thailand-civil-code-part-1.html#353
Samuiforsale. (2011b). Specific contracts. Retrieved from http://www.samuiforsale.com/Law-Texts/thailand-civil-code-part-2.html
X Vandenburg, P. (2010). Is Asia adopting flexicurity? International Labor… READ MORE
Quoted Instructions for "Business Comparative Law" Assignment:
“Subject : Comparative Law and Business.
Questions : You are the marketing manager for an information technology (IT) corporation based in Malaysia, that has big plans to embrace the opportunities presented by Globalization. The IT corporation manufactures and retails IT products that attempt to compete with Apple Inc. The IT corporation has developed an eMac, ephone, and ePad. Company has decided to expand market to Thailand.
In 2000 words we need to outline what issues need to be considered in deciding to what extent the expansion to Thailand by negotiating standard terms of contracts that largely favor the IT corporation in Malaysia, to be used with wholesalers and retailers. Make sure : 1. These contracts will be governed by Malaysia contract law Act 1950. 2. Any legal disputes arising under the contract will (to the extent that is possible) be dealt with in only the courts of Malaysia
We need to use private law in Malaysia (Contract Act 1950)and Thailand (contract law civil and commercial code sections 354-394 and specific contracts sections 453 - 1011)
The sources of this essay should be based on both private laws, we need to identify issues that confirm will be occurs due to the difference between both laws and put clause contract that will be favor to IT Company in Malaysia (suppliers) but should be base on fairness.
I will provide contracts act 1950 of Malaysia, but i can't found any pdf file for commercial law Thailand. There's some link in website but not in pdf file. If you found any cases before it should be great but i need footnote of the journal or name of the cases. footnote will not be counted in words count
thank you very much
How to Reference "Business Comparative Law" Essay in a Bibliography
“Business Comparative Law.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/business-comparative-law-company/7253076. Accessed 3 Jul 2024.
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