Published December 25, 2020
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Conflict Rules in the International Contract of Sale
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This article is devoted to the conflict of law rules of the international contract of sale, analysis and identification of problems of the conflict method of legal regulation. The main sources of legal regulation of international purchase and sale of goods, both at the international and national levels, are studied. Attention is drawn to the peculiarities of the application of the norms of the Vienna Convention of 1980 to relations under the contract of international sale, as well as its interaction with domestic regulations. Attention is paid to the problems of harmonization of Ukrainian legislation with European and international law in the field of legal regulation of the contract of sale.The general concept and characteristics of this agreement, as well as the features of its conclusion. Withit also the practical problems which should be considered in the course of contractual work, first of all definition of the moment of the conclusion of contracts and the beginning of action of the international agreement of purchase and sale of the goods in modern conditions of development of the state are analyzed. Based on the analysis of the essential terms of the international sale agreement, the scope of this agreement, its stages of conclusion developed measures on the feasibility of regulation at the level of the Civil Code of Ukraine provisions related to establishing requirements for the principle of close communication, determining the time of the agreement, "Law of the place of the act", issues related to the conclusion of the so-called. "Agreement between the absent" (conclusion of the contract by teletype, fax, telephone, etc.), the form and content of the international contract of sale. The current state, patterns of development of conflict of law regulation in order to identify the most optimal ways to resolve conflict issues in the relevant field.
It is also noted that each state in its own way carries out the legal regulation of relations, so there are conflicts between the substantive law of different states, which complicates the legal regulation of international relations. All this presupposes the use of the conflict of laws as one of the ways to resolve this issue in the case of each state's observance of both its treaty obligations and the norms and principles of international law that are generally binding on all states.
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