Pengantar Hukum Kontrak Internasional : Bagian 2 dari 2

Summary

The video discusses pluralism in international contract law, explaining the coexistence of various legal systems governing contracts across countries. It delves into the differences between unification, which seeks global consistency in laws, and harmonization, which aligns legal systems without uniformity. The concept of 'choice of law' allows parties to select the applicable legal system for international contracts. The video also highlights key legal frameworks, such as the Vienna Convention, that aim to standardize international trade laws. Ultimately, the discussion underscores the flexibility and challenges in navigating the legal diversity in international contracts.

Takeaways

• 😀 Pluralism in law refers to the existence of multiple legal systems that may apply in different contexts, particularly in international contracts.
• 😀 International contracts are subject to pluralism due to differing national legal systems, which can cause conflicts or uncertainty in enforcement.
• 😀 Two main solutions to deal with legal pluralism in international contracts are unification and harmonization of laws.
• 😀 Unification involves creating a single legal framework that applies universally, regardless of the country.
• 😀 Harmonization allows for the alignment of laws between different countries without requiring full uniformity, ensuring compatibility and avoiding conflicts.
• 😀 International contract law falls under Private International Law (PIL), with each country having its own legal system for handling such contracts.
• 😀 National contract law refers to the body of laws that govern contracts within a particular country's legal framework, like Indonesia's Civil Code (KUHPerdata).
• 😀 Countries like Malaysia, Thailand, the Philippines, and Singapore each have their own specific contract regulations, which contribute to the pluralism of international law.
• 😀 'Choice of Law' is a legal concept that allows parties in an international contract to choose which country's law will govern their agreement.
• 😀 The principle of 'Freedom of Contract' underlies the 'Choice of Law' doctrine, allowing parties to freely decide the legal jurisdiction for their contract.
• 😀 International conventions, like the UN Convention on Contracts for the International Sale of Goods (CISG), promote unification by providing standardized rules for contracts across different legal systems.
• 😀 Harmonization efforts, such as the development of general principles or guidelines, help ensure that international contracts are aligned with multiple legal systems without necessitating full uniformity.

Q & A

What is pluralism in law, and how does it relate to international contract law?

Pluralism in law refers to the existence of multiple legal systems within a jurisdiction. In the context of international contract law, pluralism arises because different countries have their own legal frameworks for contracts. This creates challenges when parties from different legal systems engage in international contracts.

What are the two potential solutions to address the pluralism in international contract law?

The two solutions to address pluralism in international contract law are unification and harmonization. Unification seeks to standardize the legal rules governing international contracts across all countries, while harmonization aims to align national legal systems so they do not conflict, without requiring full uniformity.

What is the difference between unification and harmonization in international contract law?

Unification involves making the laws governing international contracts identical across countries. Harmonization, on the other hand, seeks to make legal systems compatible without requiring identical laws, ensuring that national laws do not contradict each other.

What is the role of 'Choice of Law' in international contracts?

'Choice of Law' refers to a legal mechanism that allows parties in international contracts to choose which country's law will govern their contract. This concept is based on the principle of freedom of contract, meaning the parties can agree on the legal framework that best suits their needs.

How does the 'Choice of Law' mechanism apply when parties from different countries are involved in an international contract?

When parties from different countries, such as Indonesia and Malaysia, engage in an international contract, each party has the freedom to select which country’s law will govern their contractual relationship. This ensures that both parties are bound by a legal framework that they mutually agree upon.

What is the significance of the 1980 UN Convention on Contracts for the International Sale of Goods (CISG)?

The CISG is an international treaty that aims to unify and standardize the laws governing international sales contracts. By providing a common set of rules, it helps mitigate the conflicts that arise from differing national laws, offering a predictable legal framework for international trade.

What are the benefits of harmonization in international contract law?

Harmonization in international contract law ensures that the legal systems of different countries are aligned, reducing the risk of conflicts between laws. This promotes smoother international transactions, as parties can have more confidence that their contracts will not be invalidated due to differing national regulations.

What is the difference between national contract law and international contract law?

National contract law refers to the legal rules and regulations governing contracts within a particular country. In contrast, international contract law deals with cross-border agreements between parties from different countries and addresses issues that arise from the different legal systems involved.

How does pluralism in law impact international contracts?

Pluralism in law creates complexity for international contracts because different countries may have different legal approaches, leading to potential conflicts. This necessitates solutions like unification and harmonization to ensure that international contracts can be executed smoothly across jurisdictions.

What is the role of 'Freedom of Contract' in the context of 'Choice of Law'?

'Freedom of Contract' is the foundational principle that allows parties to freely decide the terms of their contract, including the legal system that will govern it. This freedom is central to the 'Choice of Law' mechanism, as it enables the parties to select the most appropriate legal framework for their international agreement.