THEORY OF LEX MERCATORIA

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JONEYDI LAYA

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2011 | Volume:41 | Issue:1 Page(s): 127-148

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Information Journal Paper

Title

THEORY OF LEX MERCATORIA

Author(s)

JONEYDI LAYA | Issue Writer Certificate

Keywords

LEX MERCATORIAQ2

TRANSNATIONAL COMMERCIAL LAWQ2

NATIONAL LEGAL SYSTEMQ2

INTERNATIONAL LEGAL SYSTEMQ2

BROAD MEANINGQ2

NARROW MEANINGQ2

ELEMENTS OF LEX MERCATORIAQ2

SOURCES OF LEX MERCATORIAQ2

GENERAL PRINCIPLES OF LAWQ2

CUSTOMSQ2

PRACTICESQ2

USAGESQ2

ARBITRAL PRECEDENTSQ2

ARBITRAL CASE LAWQ2

CRITICISMSQ2

ALTERNATIVESQ2

Abstract

This essay studies theory of LEX MERCATORIA which is based on the assumption of existence of a third legal system along with the national and INTERNATIONAL LEGAL SYSTEMs regulating international commercial relations. For this purpose, the essay discusses the backgrounds of creation and emergence of the theory, its narrow and BROAD MEANING, elements of which and the extent that it has been recognized at the international and national levels i.e. by NATIONAL LEGAL SYSTEMs including Iranian legal system. For the sake of impartiality, the last part has been devoted to CRITICISMS raised regarding the existence and sources of LEX MERCATORIA, the suggested alternative and a final evaluation.

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