Reformulating Contract Law from the Perspective of the Association of Southeast Asian Nations
Article Sidebar
Main Article Content
Abstract
Contract law was reformulated from the Perspective of The Association of Southeast Asian Nations (ASEAN). As the ASEAN Economic Community (AEC) opens for business, the number of International legal transactions increases. Retaining contract law principles as fundamental model laws were developed for parties to use for enforcing transactions. Usually in international private law conflicts parties choose the contract law of one country points to enforce transactions. Inconveniences and lack of confidence result in dealing with international commercial contracts. Instead soft model laws may preserve neutrality and confidentiality better than domestic contract law in enforcing transactions. These were formulated to harmonize with extant domestic contract law. In the West, the International Institute for the Unification of Private Law (UNIDROIT) is an intergovernmental organization on harmonization of private international law. The Draft Common Frame of Reference (DCFR), a joint project of the Study Group and Acquis Group, was funded by the European Commission. ASEAN legal experience, although influenced by civil or common law, has specific social and, cultural identities. This suggests that appropriate and fair new ASEAN rules might be formulated according to principles of ASEAN contract law, taking into account regional difference between national contract laws, by using Western laws as an example. Formulations, validity, were considered in, initially establishing contract laws.
Article Details
References
Duangden Nakseeharach. “The Freedom on Declaration of Intention Relate Law of International Economic.” Accessed February 28, 2019. https://www.gotoknow. org. [In Thai]
European Union. “From Economic to Political Union “The EU in Brief”.” Accessed December 5, 2018. https://europa.eu/european-union/about-eu/eu-in-brief_en.
Han, Shiyuan. “Principles of Asian Contract Law: An Endeavor of Regional Harmonization of Contract Law in East Asia.” Villanova Law Review. 58, no. 4 (2003): 588-600.
International Institute for the Unification of Private Law. “About Unidroit, Membership.”Accessed December 5, 2018. https://www.unidroit.org/about-unidroit/membership.
Kanung Luchai. The Principle of Conflict of Law. Bangkok: Winyuchon, 2017.[In Thai]
Legrand, Pierre. “Against a European Civil Code.” The Modern Law Review Review Limited 60, no. 1 (1997): 44-63.
Nartniran Janngam. Introduction to International Economic Law. Bangkok: The Project for the Promotion of Textbooks and Teaching Materials Faculty of Law, Thammasat University, 2016. [In Thai]
Padang, Surabaya, and Bandung. “Workshop of Legal System in the ASEAN Member States.” In Newsletter (September 2014-January 2015), edited by Asean Law Association, 5. N.P.: Asean Law Association, 2015.
Pat Niyomsilp. “Cebu Declaration on Accelerating the Establishment of the ASEAN Community by 2015.” Accessed February 26, 2019. https://www.kpi.ac.th. [In Thai]
Prasit Piwawatthanaphanit. The Principle of Private International Law. 3rd ed. Bangkok: Thammasat University, 2013. [In Thai]
Roland Amoussou-Gue’nou. “Perspective of Asean (or Asian) Principles of the Contract Law.” Paper presented at International Commercial Contracts, Hanoi, Vietmam, 2004.
Sanankorn (Jumdee) Sotthibandhu. The Principle of Juristic Act and Contract Law. 15th ed. Bangkok: Winyuchon, 2010. [In Thai]
Siriporn Iamthongchai, and Chantapim Banjongjit. “The Amendment of Law/Regulation for Preparation to be ASEAN Community.” In The Preparation of Readiness in Thai Law for Asean Economic Community, edited by Chatvadee
Chindawongse, Paveena Suttisirprok, Chartsutee Intrasri, and Duangkamon Kiatbumrung, 31. Bangkok: Page Maker, 2013. [In Thai]
Vandee Suchatkulvit, and Siriporn Iamthongchai. The Series Subjects of Private Law: Contract, Wrongful Act, Comparative Law, Section 12. Nonthaburi: Sukhothaithammathirat University, 2009. [In Thai]