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International Law
versión impresa ISSN 1692-8156
Resumen
OVIEDO ALBAN, Jorge. THE LAW APPLICABLE TO INTERNATIONAL CONTRACTS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2012, n.21, pp.117-157. ISSN 1692-8156.
The purpose of this paper is to analyse the rules that state the law to be applied to international contracts. The author reviews Conflict of Laws established in the Colombian Civil Code and the Colombian Commerce Code, drawing comparisons with conflict rules that have been established in modern international instruments. Such instruments include Regulation (EC) 593/2008 of the European Parliament and of the Council of 17th June 2008 on the law applicable to contractual obligations (Rome I), and the Inter-American Convention on the Law Applicable to International Contracts, as well as others that make up the Uniform Law of International Trade such as the UN Convention on Contracts for the International Sale of Goods. Through analysis of the aforementioned comparisons, interpretive guides are suggested that go beyond the inflexibility and gaps in Colombian legislation. It is presented in a way that seeks to aide, in the most helpful way possible, the needs of those involved in international trade.
Palabras clave : international contract; law applicable; Conflict of laws; international Law; commercial contracts; contractual liability; international trade law.