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العنوان
أمجد محمد نصيف القره /
المؤلف
غولي، أمجد محمد نصيف القره.
هيئة الاعداد
باحث / أمجد محمد نصيف القره غولي
مشرف / رضا محمد عبيد
مشرف / هشام أحمد محمود
مشرف / مصطفى عبد الجواد
مشرف / عبد المنعم زمزم
الموضوع
0
تاريخ النشر
2022.
عدد الصفحات
513 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
الناشر
تاريخ الإجازة
9/5/2022
مكان الإجازة
جامعة بني سويف - كلية الحقوق - القانون الدوليِّ الخاص
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 518

from 518

المستخلص

The contract for the international sale of goods is the main axis in international trade, and the vital artery for peoples as it provides their different needs that are cross-border, but sometimes a premature breach occurs in the contract for the international sale of goods, where it is necessary to search for unified international objective rules in line with the specificity and necessities of international trade Because it leads to speeding up the resolution of the conflict and restoring the contractual balance between the contracting parties, because the problem of the conflict approach is not in line with resolving the dispute related to the premature breach of the contract in determining the applicable law, because this approach usually leads to the application of the national law of a particular state, and this is not in line with the nature of International sales in conflict resolution, given what it involves A breach in the interest of the Contracting Center, so international efforts have been devoted to preparing international agreements that work on developing unified texts in line with the dispute related to a premature breach of the international sales contract.
The subject of this research was devoted to the position of premature breach of the international sale contract in the material and disputable approach and the role of each in determining the applicable law, by analyzing the conflictual approach and attributing the rules of attribution and the rules of application necessary in resolving the conflict, and in addition, in the case of choosing the strong party the law is obligatory. The application on the weak party, as well as in the case of pushing the international public order in choosing this applicable law on the one hand, and on the other hand an analysis of the provisions of the Vienna Convention on the International Sale of Goods and the Hague Convention and the principles of Unidora and its role in eliminating the conflict approach and dispensing with it in resolving the conflict Determining the law that is applicable to the premature breach of the international sale contract, and its prominent role in resolving the dispute is in the light of the material approach and not the litigious approach; where these agreements dealt with the obligations imposed on the seller and the buyer, the breach of any contracting party, and the penalties and the consequences of such breach.
For the sake of saying that the Vienna Convention on the International Sale of Goods and other international conventions set unified provisions through the development of an integrated objective legal system and its close relationship to the conflict approach in determining the applicable law for the premature breach of contract, so that if the disputed approach does not specify the applicable law, the materialistic approach In resolving the conflict and defining the applicable law and vice versa, where each approach has its own philosophy in resolving the conflict, although there are some gaps and shortcomings in defining the applicable law on the premature breach of the international sales contract for each of the two approaches, the disputed approach remains an original approach In conflict resolution, the materialistic approach is complementary to the disputed approach in case there are deficiencies or gaps in the latter.