Cross-Cultural Negotiations and International Commercial Agreements : учебное пособие, [электронное издание сетевого распространения] / Е.Л. Кабахидзе, Ю.О. Соловьева. – М.: «КДУ», «Добросвет», 2021. – 110 с.

Данное учебное пособие адресовано студентам, обучающимся по программам бакалавриата направления подготовки «Лингвистика», владеющим английским языком на уровне C1. Пособие направлено на развитие умений, необходимых для осуществления лингвокультурологической, переводческой, консультативно-коммуникативной и информационно-лингвистической деятельности на английском языке в сфере межкультурной коммуникации. Каждый тематический раздел пособия содержит комплекс коммуникативно-речевых, проблемных и поисковых заданий, а также подробный глоссарий терминов и выражений, входящих в лексико-семантические поля «договор» и «переговоры». Пособие также может представлять интерес для студентов юридических факультетов, факультетов бизнеса и менеджмента, которые изучают английский язык для специальных целей.

Efficiency of Rules of Law in Regulation of Property Relations in International Commercial Turnover

The article examines the essence and criteria for the effectiveness of the mechanism of legal regulation, the effectiveness of rules of law in international commercial agreements, given the distinction between the concept of «rule of law» as a mandatory rule of conduct adopted and protected by the state, and as a category covering not only certain national legal system, but also various legal regulators of non-national and non-state, international origin. It is established that ensuring the effectiveness of the rule of law is based on the need to achieve social, political, economic and other goals of its adoption, and is guaranteed by the construction of substantively and formally consistent, holistic within the relevant institution or branch of law and logically constructed legal prescription. It is proved that the complexity and variety of sources of legal regulation of international commercial agreements, the choice of the applicable law to which is based in general, indicates the inexpediency of limiting of the understanding of the construct of «rule of law» as exclusively sanctioned and enshrined by the state. In this regard, the thesis is put forward that in law-making activity it is necessary to construct provisions of new legislation on normative-legal acts and rule-making activity with awareness of needs and realities of international business, both Ukrainian and domestically located. Two ways to achieve this goal have been proposed: either by adjusting the proposed definitions of the rule of law or by establishing the scope of meaningful dissemination of the provisions of the future law on law-making activities exclusively within national borders and in relation to the Ukrainian legal system. Also, from the point of view of the effectiveness of legal regulation of international commercial agreements, it is justified that in this regard a broader and more modern understanding of legal norms, giving the parties a guaranteed opportunity to refer to general principles of law, trade customs, lex mercatoria, unified international instruments (for example, the UNIDROIT Principles, INCOTERMS), etc. should be implemented.

4. Intention to be legally bound and capacity to contract

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter deals with intention to be legally bound and capacity to contract. In order to enforce any promise not contained in a deed, there must be an intention to create legal relations. This intention is traditionally determined using different presumptions for domestic and commercial agreements. In the case of domestic and social agreements, there is a presumption that there is no intention to create legal relations. In contrast, there is a presumption of an intention to create legal relations in commercial agreements. Both presumptions are capable of being rebutted on the facts, e.g. an honour clause in a commercial contract. The second part of this chapter examines capacity to contract and particularly the enforceability of contracts made by minors.

4. Intention to be legally bound, formalities, and capacity to contract

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. This chapter examines the requirement that there must be an intention to create legal relations and specific requirements of form, such as writing, for an agreement to be enforceable as a legally binding contract. Traditionally, this intention to create legal relations is determined objectively using two presumptions that can be rebutted on the evidence. First, it is presumed that there was no intention to be legally bound in the context of social or domestic agreements. Secondly, it is presumed that the parties to commercial agreements intended to be legally bound unless there are clear words indicating the opposite, such as the existence of an honour clause. In addition, some contracts require particular formalities to be binding. The chapter outlines some examples of these and discusses the consequences of non-compliance with the formality requirements. It also considers the capacity rules in contract (i.e. a party’s ability in law to contract) and the effect of incapacity on a contract, focusing on contracts made by minors (persons below 18 years old). The chapter concludes by discussing electronic signatures and the implications of e-commerce for formality requirements in contracts.

Part II Formation, 7 Intent to Create Legal Relations

The intent to create legal relations doctrine operates as a safety-net principle, supplementing the requirement of consideration. These two doctrines operate in tandem in English law. The chapter examines case law applications of the following two presumptions. (1) An agreement between spouses is presumed not to be legally enforceable, unless the marriage has already become seriously fractured. The same presumption probably extends to other close family relations. Pre-nuptial agreements are enforceable. (2) Conversely, commercial agreements are presumed to be legally enforceable. But a series of sales does not constitute a long-term supply agreement. And a ‘letter of comfort’, not intended to be a guarantee, lacks an intent to create legal relations.

3. Certainty and the intention to create legal relations

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses certainty and the intention to create legal relations. It first considers cases where the parties have used ambiguous or unclear language. It then looks at cases where the parties have deliberately left terms to be agreed at a later date. In the former cases, the agreement is often described as ‘vague’; in the latter cases it is described as ‘incomplete’. The chapter then turns to domestic agreements, commercial agreements, and executory and executed agreements.

Data protection by design: Building the foundations of trustworthy data sharing

Data trusts have been conceived as a mechanism to enable the sharing of data across entities where other formats, such as open data or commercial agreements, are not appropriate, and make data sharing both easier and more scalable. By our definition, a data trust is a legal, technical, and organizational structure for enabling the sharing of data for a variety of purposes. The concept of the “data trust” requires further disambiguation from other facilitating structures such as data collaboratives. Irrespective of the terminology used, attempting to create trust in order to facilitate data sharing, and create benefit to individuals, groups of individuals, or society at large, requires at a minimum a process-based mechanism, that is, a workflow that should have a trustworthiness-by-design approach at its core. Data protection by design should be a key component of such an approach.

11. Consumer credit

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses some of the key common law and statutory provisions relating to consumer credit agreements and the common issues that arise. It first explains the provisions of the Consumer Credit Act 1974, as amended by the Consumer Credit Act 2006. The chapter then considers the rights of debtors who take credit under a ‘regulated agreement’, along with the (previous) extortionate credit bargain provisions that have been replaced by a test which considers whether there was an unfair relationship between the debtor and the creditor. It also considers consumer hire agreements, exempt agreements, small agreements, and non-commercial agreements as well as the liability of the creditor for the seller’s misrepresentation or breach of contract, retaking of protected goods, and the debtor’s right to complete payments ahead of time.