Miklós Király | Eötvös Loránd University Budapest (original) (raw)
Papers by Miklós Király
European review of private law, May 1, 2024
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SUBB Iurisprudentia nr. 4/2023, 2023
The study explores the unification of private international law and substantive contract law in t... more The study explores the unification of private international law and substantive contract law in the field of international sales law. It starts by asking whether the instruments of uniform substantive contract law can fully replace the rules of private international law, as well as if different periods be distinguished: can it be said that, at first, private international law played the decisive role in the settlement of international commercial disputes, followed by the law of traders, the Lex Mercatoria, and then by uniform norms of substantive law? Or is the relationship more sophisticated, because different gates open between the instruments of substantive law and conflict of laws? Can private international law eventually play a role in determining the application of substantive law conventions or in filling gaps in the uniform law? In the second part of the paper, several examples demonstrate that the unification of substantive law and private international law does not exclude or make each other superfluous; they live in a multifaceted relationship, besides competing as part of their long-lasting coexistence.
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Russian Law Journal , 2024
The study reviews and compares the sources of uniform substantive law on international sales and ... more The study reviews and compares the sources of uniform substantive law on international sales and contracts, to give an overview of the methods elaborated to interpret them. Have uniform law instruments hammered out a common solution for their interpretation? They have gradually confronted with the problem of interpretation and developed the rules governing interpretation, moving away from the definition of the content of some specific legal concepts towards abstract principles of construction, such as the international character of the instrument. The most influential in this area has been the regulatory approach of the Vienna Sales Convention. However, there are still distinctions in relation to the possible role of private international law (conflict of laws), more precisely the role of the national law designated by private international law, in filling loopholes.
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ERPL, 2024
Deciding whether a contract of sale is an international transaction or not and according to which... more Deciding whether a contract of sale is an international transaction or not and according to which criteria is an inescapable task, not only for private international law (PIL) but also for the instruments aiming to create uniform substantive contract law. The paper reviews the different solutions from the 1930s to the development of the last decades, from the first drafts of the International Institute for the Unification of Private Law ('UNIDROIT') on international sales to the Draft Common European Sales Law. Of course, the Vienna Sales Convention ('CISG'), as a successful international instrument, is also given special emphasis in this comparative and historical analysis. Although during the past century of unification, the definition of international character became clearer and simpler, much however depends on how broadly or narrowly legislators wish to define the scope of the uniform substantive law to facilitate the acceptance and ratification of an international convention. A further specific question is whether uniform law should apply to all international sales (universal application) or only to international transactions linked to Contracting States. The paper also analyses the different positions on this issue.
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Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2022
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Hungarian yearbook of international law and European law, Dec 1, 2018
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Uniform Law Review, Aug 1, 2005
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Uniform Law Review, Aug 1, 2003
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Hungarian yearbook of international law and European law, Nov 1, 2021
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Springer eBooks, Nov 4, 2020
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ELTE law journal /, 2022
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Uniform Law Review, Dec 1, 1998
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Uniform Law Review, Aug 1, 2000
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AUC IURIDICA, 2/2023, 2023
Over the past decades, several approaches have been tried in the process of the unification of co... more Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.
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European review of private law, May 1, 2024
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SUBB Iurisprudentia nr. 4/2023, 2023
The study explores the unification of private international law and substantive contract law in t... more The study explores the unification of private international law and substantive contract law in the field of international sales law. It starts by asking whether the instruments of uniform substantive contract law can fully replace the rules of private international law, as well as if different periods be distinguished: can it be said that, at first, private international law played the decisive role in the settlement of international commercial disputes, followed by the law of traders, the Lex Mercatoria, and then by uniform norms of substantive law? Or is the relationship more sophisticated, because different gates open between the instruments of substantive law and conflict of laws? Can private international law eventually play a role in determining the application of substantive law conventions or in filling gaps in the uniform law? In the second part of the paper, several examples demonstrate that the unification of substantive law and private international law does not exclude or make each other superfluous; they live in a multifaceted relationship, besides competing as part of their long-lasting coexistence.
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Russian Law Journal , 2024
The study reviews and compares the sources of uniform substantive law on international sales and ... more The study reviews and compares the sources of uniform substantive law on international sales and contracts, to give an overview of the methods elaborated to interpret them. Have uniform law instruments hammered out a common solution for their interpretation? They have gradually confronted with the problem of interpretation and developed the rules governing interpretation, moving away from the definition of the content of some specific legal concepts towards abstract principles of construction, such as the international character of the instrument. The most influential in this area has been the regulatory approach of the Vienna Sales Convention. However, there are still distinctions in relation to the possible role of private international law (conflict of laws), more precisely the role of the national law designated by private international law, in filling loopholes.
Bookmarks Related papers MentionsView impact
ERPL, 2024
Deciding whether a contract of sale is an international transaction or not and according to which... more Deciding whether a contract of sale is an international transaction or not and according to which criteria is an inescapable task, not only for private international law (PIL) but also for the instruments aiming to create uniform substantive contract law. The paper reviews the different solutions from the 1930s to the development of the last decades, from the first drafts of the International Institute for the Unification of Private Law ('UNIDROIT') on international sales to the Draft Common European Sales Law. Of course, the Vienna Sales Convention ('CISG'), as a successful international instrument, is also given special emphasis in this comparative and historical analysis. Although during the past century of unification, the definition of international character became clearer and simpler, much however depends on how broadly or narrowly legislators wish to define the scope of the uniform substantive law to facilitate the acceptance and ratification of an international convention. A further specific question is whether uniform law should apply to all international sales (universal application) or only to international transactions linked to Contracting States. The paper also analyses the different positions on this issue.
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Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2022
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Hungarian yearbook of international law and European law, Dec 1, 2018
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Uniform Law Review, Aug 1, 2005
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Uniform Law Review, Aug 1, 2003
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Hungarian yearbook of international law and European law, Nov 1, 2021
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Springer eBooks, Nov 4, 2020
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ELTE law journal /, 2022
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Uniform Law Review, Dec 1, 1998
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Uniform Law Review, Aug 1, 2000
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AUC IURIDICA, 2/2023, 2023
Over the past decades, several approaches have been tried in the process of the unification of co... more Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.
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