We infiltrate everwhere Mate! We put the Great into it, otherwise it would have been Little Britain! Just jesting!!!
World Cup Fever is starting!! Had to admit supported Arsenal over Barca, the first time I have ever supported an English team. But Scotland is in the world cup. James Scotland apparantly plays for Tobago and Trinidad or is it Trinidad and tobago I never remember.
Bon chance!
Member for
20 years 10 months
Member for20 years10 months
Submitted by Andrew Flowerdew on Thu, 2006-05-25 09:22
Please remeber that Scottish Law, like Scottish education is different from English. And before my Shetland freinds pitch in, Shetland is still subject to Odel (spelling may be Odal) Law a form of old Norse law which made working there pretty interesting. Apparently anything found up to the high water mark belongs to the common people. The law did not legistlate for the Brent and Ninian pipeline beach crossings.
French have laws based on Roman law but seem to make new ones up sur le hoof.
Now Irish land tenure laws have even had the great Operators crumbling and left them shame faced recently.
Just a minor correction to Andrews post; there was no such thing as an "...old English Empire". The Empire was British, and we (or even wee) Scots were very much the driving force of significant parts of the Empire, particularly in the Far East.
I would also point out that the law of the Contract, which in international contracts may be the country of the project location or of one or other of the Parties (usually the Owner!), or of a neutral country, may well be different from the applicable law in the event of arbitration. Therefore, it is very possible for the execution of the Contract to be subject to one legal jurisdiction but a dispute under that Contract may be resolved under a different jurisdiction.
Definately country specific or to be more accurate the legal jurisdiction applicable to the contract as a country may have more than one legal jurisdiction in it.
The applicable country / jurisdiction will usually be named in the contract somewhere.
That said on a very general level several countries may have the same laws but with local differences. This will usually depend on what legal system they use - which is normally historical. Hence why English law, the common law system, can be of use in Singapore, Malaysia, New Zealand, Austrailia, Hong Kong, Canada, Ireland, USA and many others (ie the old English Empire). Each country will have its own particular legal rules on specific points but generally speaking contract law is similar in all the countries. Common law sytems are operated in about a third of the world today.
In the rest of Europe where the civil law system in used, Italy, Germany, France, etc they will be similar, again with specific rules in each country. France, Spain and Portugal all had Empires historically so their respective old dependancies have similar legal systems to themselves. Civil law systems are operated in about half the world today but unlike the common law system many countries adopted the sytem but not always the same laws so there is alot more variation to be found in the laws than in the common law countries. Civil and common law is the system used to operate the law, not the law itself.
Hope this helps.
Member for
19 years 5 months
Member for19 years5 months
Submitted by Ronnie Casono on Wed, 2006-05-24 00:35
Is it refers to the law of the country where the particular contract is made or are there any generally accepted law of contract which applies to construction contract regardless of its location?
Ronnie
Member for
20 years 10 months
Member for20 years10 months
Submitted by Andrew Flowerdew on Tue, 2006-05-23 12:01
Member for
20 years 10 monthsRE: General Law of Contract
Well I guess Holland may stand a chance.
Member for
21 years 4 monthsRE: General Law of Contract
Well, it looks like Gwen and I will be supporting the same side in the World Cup - any team that plays against England!! ;-)
[and additionally of course, (for the benefit of my Dutch colleagues and friends!!) I will be supporting Holland!]
Member for
21 years 4 monthsRE: General Law of Contract
We infiltrate everwhere Mate! We put the Great into it, otherwise it would have been Little Britain! Just jesting!!!
World Cup Fever is starting!! Had to admit supported Arsenal over Barca, the first time I have ever supported an English team. But Scotland is in the world cup. James Scotland apparantly plays for Tobago and Trinidad or is it Trinidad and tobago I never remember.
Bon chance!
Member for
20 years 10 monthsRE: General Law of Contract
Stuart,
Your location is the Netherlands, no reason to think you wernt born there even if your name has Scottish connotations.
Nice to know you Scots want to be associated with Great Britain though!!!!!!!!!!!!!
Member for
21 years 4 monthsRE: General Law of Contract
Please remeber that Scottish Law, like Scottish education is different from English. And before my Shetland freinds pitch in, Shetland is still subject to Odel (spelling may be Odal) Law a form of old Norse law which made working there pretty interesting. Apparently anything found up to the high water mark belongs to the common people. The law did not legistlate for the Brent and Ninian pipeline beach crossings.
French have laws based on Roman law but seem to make new ones up sur le hoof.
Now Irish land tenure laws have even had the great Operators crumbling and left them shame faced recently.
They never learn!
Member for
21 years 4 monthsRE: General Law of Contract
Mmmmm....dont you think that my name is a bit of a give-away?
Or maybe its the way that I roll my rrrrrrs... ;-)
Member for
20 years 10 monthsRE: General Law of Contract
Stuart,
I was waiting for that comment but from someone else, didnt realise you were from bonnie Scotland.
Member for
21 years 4 monthsRE: General Law of Contract
Ronnie,
Just a minor correction to Andrews post; there was no such thing as an "...old English Empire". The Empire was British, and we (or even wee) Scots were very much the driving force of significant parts of the Empire, particularly in the Far East.
I would also point out that the law of the Contract, which in international contracts may be the country of the project location or of one or other of the Parties (usually the Owner!), or of a neutral country, may well be different from the applicable law in the event of arbitration. Therefore, it is very possible for the execution of the Contract to be subject to one legal jurisdiction but a dispute under that Contract may be resolved under a different jurisdiction.
Hope this clarifies,
Stuart
www.rosmartin.com
Member for
19 years 5 monthsRE: General Law of Contract
Hi Andrew!
Thank you very much for the reply Sir.
Cheers
Member for
20 years 10 monthsRE: General Law of Contract
Ronnie,
Definately country specific or to be more accurate the legal jurisdiction applicable to the contract as a country may have more than one legal jurisdiction in it.
The applicable country / jurisdiction will usually be named in the contract somewhere.
That said on a very general level several countries may have the same laws but with local differences. This will usually depend on what legal system they use - which is normally historical. Hence why English law, the common law system, can be of use in Singapore, Malaysia, New Zealand, Austrailia, Hong Kong, Canada, Ireland, USA and many others (ie the old English Empire). Each country will have its own particular legal rules on specific points but generally speaking contract law is similar in all the countries. Common law sytems are operated in about a third of the world today.
In the rest of Europe where the civil law system in used, Italy, Germany, France, etc they will be similar, again with specific rules in each country. France, Spain and Portugal all had Empires historically so their respective old dependancies have similar legal systems to themselves. Civil law systems are operated in about half the world today but unlike the common law system many countries adopted the sytem but not always the same laws so there is alot more variation to be found in the laws than in the common law countries. Civil and common law is the system used to operate the law, not the law itself.
Hope this helps.
Member for
19 years 5 monthsRE: General Law of Contract
Hi Andrew!
Is it refers to the law of the country where the particular contract is made or are there any generally accepted law of contract which applies to construction contract regardless of its location?
Ronnie
Member for
20 years 10 monthsRE: General Law of Contract
Ronnie,
Bit of a large area of law, is there anything in particular you wish to know?