When to Use Lex Mercatoria?
They Shall Be Applied When the Parties Have Agreed That Their Contract Be Governed by Them. They May Be Applied When the Parties Have Agreed That Their...
They shall be applied when the parties have agreed that their contract be governed by them. They may be applied when the parties have agreed that their contract be governed by 'general principles of law', the 'lex mercatoria' or the like.
How does Lex Mercatoria work?
Lex mercatoria is the Latin expression for a body of trading principles used by merchants throughout Europe in the medieval. Literally, it means “merchant law”. ... It emphasized contractual freedom, alienability of property, while shunning legal technicalities and deciding cases ex aequo et bono.
What is the meaning of Lex Mercatoria?
1 The term lex mercatoria or law merchant is used to designate the concept of an a-national body of legal rules and principles, which are developed primarily by the international business community itself based on custom, industry practice, and general principles of law that are applied in commercial arbitrations ( ...