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Full-Text Articles in Transnational Law
Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.
Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.
Angelo Giampietro Avv.
The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …
Credit Arrangements, Angelo Giampietro Avv.
Credit Arrangements, Angelo Giampietro Avv.
Angelo Giampietro Avv.
International trade transactions can be regulated for their payment in various ways: by means of letters of credit or by cash and kind. Therefore, credit arrangements are a common and protection against risk solution. One of the most important challenges for traders involved in a transaction is to secure financing so that the transaction may actually take place. The faster and easier is the process of financing an international transaction, the more trade will be facilitated. The method of payment is crucial for the decision about the opportunity of the trading. Therefore, the arrangements for credit in international trade, play …
Contracting On Standard Forms For International Sales Of Goods, Angelo Giampietro Avv.
Contracting On Standard Forms For International Sales Of Goods, Angelo Giampietro Avv.
Angelo Giampietro Avv.
In the international sales of goods adopting standard form contract and Incoterms can result in an advantageous manner of contracting. We will try to critically consider the extent to which it can facilitate parties to such agreements. First of all, because standard form contract is a result of experience and legal expertise in the field, which include events that can happen, leading to reasonable solutions, the use facilitate trading ensuring predictability, consistency, and increased efficiency in business relations; saving time and money in negotiating efforts and drafting individual contracts. It is the application of the principle of freedom of contract …