New Perspectives on Contractual Law in the Context of Real Contracts in the Systems of International Contemporary (Roman) Law
Keywords:common international market, law, European Union, contract, unification, contractual character of loans -mutuum, use of loan - comomdatum, mortgages - pignus, the position of the parties in private international law.
AbstractThis scientific paper aims at exploring and establishing whether national legal gaps or possible issues within the differences in the international contractual law of the European Union’s member countries and non-EU member countries can result in possible difficulties. In case there are legal problems and difficulties or practical concerns in this field, should the functioning of the internal trade and legal function through its interpretation hinder the process between the contracting parties in the event of entering a contract of international and interstate character within the law of obligations, and in cases of entering a contract, during its interpretation, while determining the rights and obligations or during other legal issues which have to do with the implementation of international private law and European international private law. Viewed from this angle, we need to consider the national and international private contractual law in the aspect of harmonization of the contractual law which may result in inconsistencies on a European level and broader. This would present an obstacle which restricts the fundamental legal-private rights of citizens as an advantage of individuals. They consist of three parts: personal relations between citizens, property relations between persons entitled as property trustees, as well as the procedural law which regulates the protection of subjective rights of personal and ownership nature. In practice, these face more difficulties in the private international law and European private international law, for example in: rules on property, ownership, real rights on other people’s belongings, liabilities and heritage in international character and elements.
How to Cite
Selmani, B. (2015). New Perspectives on Contractual Law in the Context of Real Contracts in the Systems of International Contemporary (Roman) Law. European Journal of Interdisciplinary Studies, 1(3), 129–138. https://doi.org/10.26417/ejis.v3i1.p142-151
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