What are the legal foundations for international treaties?
May 20, 2024 | 50,00 EUR | answered by Gerald Endres
Dear International Law Attorney,
My name is Lukas Heuser and I am currently in a business situation where I need to negotiate international contracts. Unfortunately, I am not sure which legal foundations need to be considered in such contracts and how I can ensure that my company and I are legally protected.
The situation is as follows: My company is planning to enter into a contract with a foreign business partner that includes both the delivery of goods and the provision of services. Since it is an international business, I am unsure which laws and regulations need to be taken into account when drafting and signing such a contract.
I am particularly concerned about the current state of affairs, as I fear that my company could be exposed to legal risks if we do not follow all necessary legal steps. I want to ensure that the contract is legally binding and will hold up in court in case of disputes.
Therefore, my question to you is: What legal foundations do I need to consider when it comes to international contracts? Are there specific laws or agreements that I should be aware of? How can I ensure that the contract is legally protected and in compliance with international laws? I would greatly appreciate it if you could provide me with possible solutions and recommendations so that I can best protect my company.
Thank you in advance for your assistance.
Sincerely,
Lukas Heuser
Dear Mr. Heuser,
Thank you for your inquiry regarding international contracts and the associated legal principles. It is understandable that you find yourself in a complex business situation and want to ensure that your company is legally protected.
When drafting and signing international contracts, a variety of legal aspects need to be considered. First and foremost, it is important to know that international contracts are typically governed by the Vienna Convention on Contracts for the International Sale of Goods (CISG). The CISG establishes the legal framework for international trade in goods and addresses issues such as contract formation, delivery of goods, payment terms, and liability.
Additionally, bilateral or multilateral agreements between the countries involved may also be relevant. These agreements may contain additional provisions that go beyond the CISG and are specifically tailored to the relationships between the contracting parties.
To ensure that the contract is legally sound and in compliance with international laws, I recommend seeking professional legal advice from an attorney specializing in International Law. An experienced attorney can assist you in drafting the contract, ensure that all necessary legal steps are followed, and minimize potential risks.
It is also advisable to carefully review all contract clauses before signing and ensure that all provisions are clearly and unambiguously worded. This can help prevent misunderstandings or disputes in the future.
Overall, it is important to educate yourself thoroughly and seek professional legal support to ensure that your company is adequately protected. I hope this information is helpful to you and I am available to answer any further questions you may have.
Best regards,
Gerald Endres
Attorney at Law specializing in International Law
