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The custom and the lex mercatoria

The custom and the lex mercatoria . The definition of each notion. The custom : defined as a rule resulting from a prolonged use… The lex mercatoria: indicates the principles and uses of a very great flexibility… . Similarities . a) not written rules

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The custom and the lex mercatoria

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  1. The custom and the lex mercatoria

  2. The definition of each notion • The custom : defined as a rule resulting from a prolonged use… • The lex mercatoria: indicates the principles and uses of a very great flexibility…

  3. Similarities a) not written rules b) born from uses and on the principes of the consensualism II)Differences a) different approbations b) the lex mercatoria applies that to the trade

  4. Similarities a) not written rules just rests on the principle of a consensus between the different actor of the market b) - Custom composes indeed of element material - use - - carry out the identification of the uses and customs being the object of consensus

  5. II) Differences a) different approbations - if i rape a custom : small incidence - if i rape the lex mercatoria: great incidence

  6. b) The lex mercatoria applies that to the trade • Practices and principles that the operators international trade • Right of the international trade • Principles of UNIDROIT

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