The Public Policy and Mandatory Rules of Third Countries in International Contracts

Chong, Adeline

doi:10.1080/17536235.2006.11424301

Cited by 12 publications

(3 citation statements)

References 7 publications

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“…110 Chong has argued that justice is the "simplest and strongest reason" for the application of Ralli Bros and equivalent rules. 111 But if the underlying driver of the Ralli Bros rule was justice and fairness between the parties, the scope of the rule would be very different. It would be a flexible discretionary rule that weighed up the injustice of requiring performance (or any necessary preliminary step to performance) on the obligor against the injustice of the obligee not receiving what had been promised to it.…”

Section: A Comitymentioning

confidence: 99%

CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED

Day¹

2020

C.L.J.

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There has always been considerable uncertainty about the nature and scope of the rule by which contractual performance is excused if illegal in the place of performance, even though performance would not be illegal by the contract's governing law. This article revisits the so-called “Ralli Bros rule” and looks at how the scope of the rule has been developed and its nature misunderstood. It argues that the rule is neither a choice of law rule nor part of the rules discharging a contract for frustration but is instead a public policy rule favouring judicial abstention for reasons of comity. This has implications for how the rule interacts with the choice of law rules for contracts under the Rome Convention and the Rome I Regulation.

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Section: A Comitymentioning

confidence: 99%

CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED

Day¹

2020

C.L.J.

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“…9(2)(3) Rome I Regulation). 105 This umbrella, though, leaves the case of the claim being governed by the law of the forum uncovered. However, English public policy would provide a certain room for manoeuvring for the sustainability rule in this context.…”

Section: Suspending Under Public Policymentioning

confidence: 99%

For the Orphan, the Widow, the Poor: How to Curb Enforcing by Vulture Funds against the Highly Indebted Poor Countries

Megliani¹

2018

Leiden Journal of International Law

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The dynamic of the secondary market for sovereign debt has been affected by the presence of a peculiar category of holders: vulture funds. These funds, specializing in purchasing the debt of sovereign states in distress at a discounted market price, stay aloof from restructuring processes and then enforce their claims in courts to secure the face value. For low revenue debtor countries, paying the claims may involve reducing the resources available for basic services to the population. For very poor countries this also involves a significant regression in terms of development. Against this background, the purpose of this work is to inquire whether and to what extent there exists a rule permitting the suspending and rescheduling of payments so as to pay dues without impairing services. In order to find such a rule, inquiry is to be made into general norms: necessity and public policy. It is under the umbrella of the truly international public policy that the duty of a state to provide certain basic services to its population can be subsumed and the corollary of the suspension and rescheduling of these payments consistently with this duty can be applied.

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“…The importance of overriding mandatory norms in cross border transactions is increasing as a consequence of the increase of regulatory rules. 6 Regulatory norms are influencing all areas of private rights and obligations with the aim to protect national public policy aims but also global public goods, such as the environment, or fight against a pandemic. 7 The focus of private international law is, thus, not limited to the most closely connected law any more -it is now broadened to include overriding mandatory norms that regulate national and supranational global interests.…”

Section: Introductionmentioning

confidence: 99%

Overriding Mandatory Provisions in Croatian Private International Law

Rotar

2021

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Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.

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The Public Policy and Mandatory Rules of Third Countries in International Contracts

Cited by 12 publications

References 7 publications

CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED

CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED

For the Orphan, the Widow, the Poor: How to Curb Enforcing by Vulture Funds against the Highly Indebted Poor Countries

Overriding Mandatory Provisions in Croatian Private International Law

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