دراسة في الأساس النظري لقانون التجار الدولي الجديد

Abstract EN

The main theme of the present study is to identify the major schools of thought with respect to the theory of new lex Mercatoria, and international legislation, transnational practices , and case law.

Applying lex Mercatoria the parties avoid rules which are unfit for international contracts, e.g.

peculiar formalities, brief cut off periods and special difficulties created by domestic laws.

In addition to that, neither of the parties has the advantage of having the dispute governed by his own law .since one of the central rules is the principle of good faith and fair dealing, lex Mercatoria neither leads to arbitrary results nor does it favour the rich.