Business Comparative Law Essay

Pages: 8 (2004 words)  ·  Bibliography Sources: 20  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Law

SAMPLE 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.

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X Colon, R. (2011). Choice of law and Islamic finance. Texas International Law Journal, 46(2), 411-456.

X Davis, G.B., Ein-Dor, P., King, W.R., & Torkzadeh, R. (2006). IT offshoring: History, prospects and challenges. Journal of the Association for Information Systems, 7(11), 770-792.

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.

Essay on Business Comparative Law and Business Assignment

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… [END OF PREVIEW] . . . READ MORE

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