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Contracts | International

Gherman Law Practices
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Contracts | International

Contracts

Agreements are widespread, and yet the law does not recognize and enforce all of them.  Our office determines the pitfalls in formation, performance, and enforcement of your contracts, whether they fall under the Uniform Commercial Code or under the common / judge-made law. This firm's lawyers recovered hundreds of thousands dollars for their clients: experience matters.

The client’s individual situation determines whether an aggressive approach is required. While our firm fights the legal battle, the client can focus on running the business. Sometimes the relationship between the parties to a contract is so convoluted that it may resemble a fraud scheme. In international contracts the back-and-forth leveraging between the seller and buyer may also look very suspicious.

Corporate

Corporate filings: profit, non-profit, LLC, partnership, fictitious name/DBA, amendments, dissolutions, apostile, annual reports & reinstatements, EIN/tax id numbers, registered agent service, certificates of good standing, stock certificates.

United Nations Convention on Contracts for the International Sale of Goods ("CISG")

CISG may automatically govern the relations between an American buyer/seller of movable goods and its counterparty from one of the 71 nations signatories to the Convention. CISG will apply, unless the goods under contract fall within a few specific categories such consumer goods, auction sales, investment securities, money, sale of electricity or of ships/vessels, and unless a carefully worded exception is contained in the contract. Notably, approximately two-thirds of the total global trade is accomplished between the 71 nations signatories to the CISG.

The parties should care whether CISG will apply because of procedural matters, remedies and damages available in case of a breach. CISG affords a generous array of remedies that combine remedies from civil law and common law systems.

Verbal contracts can be just as enforceable as written ones. Objective standard, that of a reasonable person, ordinarily applies in interpretation of contractual terms. Also, contractual formalities are often dispensable: in global trade a substantial number of deals are accomplished by using form orders and invoices, without a formally written “contract.” These forms may suffice to evidence a valid CISG agreement.

The purpose of the CISG is to contribute to the removal of legal barriers in international trade and promote the development of international trade. The manner CISG attempts to accomplish that is by creating uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems.

UCC case law is generally inapplicable to CISG matters; however, UCC as well as the other domestic law, may be used as a guide or a so-called "gap filler" to areas in which CISG is silent, such as capacity to contract, agency, unconscionability, or effect of breach on the title to goods.

Our office advises on and litigates matters falling within purview of CISG.