UNIDROIT
UNIDROIT ( French . International Institute pour l ' uni fication du droit privé ; Engl. International Institute for the Unification of Private Law ) is an international organization with the aim of promoting international standardization of civil law . For this purpose, UNIDROIT develops methods, international agreements, model laws and basic rules for the modernization and harmonization of civil law, in particular international trade law .
UNIDROIT is based in Villa Aldobrandini in Rome (Via Panisperna 28, 00184 Roma). The president has been the Italian professor Maria Chiara Malaguti from the University of the Sacred Heart in Milan since 2020 .
General
UNIDROIT was founded in Rome in 1926 on the basis of a decision by the League of Nations and began its work on May 30, 1928. After Italy left the League of Nations, UNIDROIT broke away from the League in 1940 and became an independent international organization that is currently supported by 63 member states (as of March 5, 2010). UNIDROIT has the task of examining means of harmonizing and coordinating the private law of states or groups of states as well as gradually preparing the adoption of uniform legislation in the field of private law by the various states.
Working method
The secretariat manages the day-to-day business of UNIDROIT, maintains contacts with states and international organizations and is also active in research. What is essential is the obligation to maintain a library set out in Article 9 of the Articles of Association; however, UNIDROIT also hands over important documents to a library in the member states and publishes information on the Internet.
According to Article 10 of the UNIDROIT Statute, the official languages are Italian, German, English, Spanish and French. However, the working languages are only English and French.
In order to carry out the agreed work program, the secretariat often invites renowned scientists to collaborate in study groups (“study groups”).
By its 75th birthday, UNIDROIT had completed over 70 studies and draft conventions. The number of international instruments that came into force was 17. UNIDROIT uses not only the classic international treaties, but also other instruments, such as model laws and basic rules (principles) that fall under the term “soft law”, or codes of conduct (codes of conduct).
Results
Principles of Transnational Civil Procedure
In April 2004 the UNIDROIT Council approved the Principles of Transnational Civil Procedure. The template is based on a collaboration between Unidroit and the American Law Institute . The aim of both organizations was to create a uniform law of civil procedure for international and transnational disputes. The Principles serve as a draft model that each nation state can incorporate into its rules of procedure at will. In the long term, the draft is intended to reduce the differences in procedural law ideas and, on the basis of the similarities, to achieve an approximation - albeit no identity - of procedural law. Professors from continental European and Anglo-American legal areas were involved in the draft.
Basic rules for international trade contracts
The “ Basic Rules for International Trade Contracts ”, which were first presented in 1994 and last revised in 2010, are an important result of UNIDROIT's work . They contain rules for international trade agreements between private individuals. Unlike the United Nations Convention on Contracts for the International Sale of Goods (CISG), they do not apply directly, but must be referred to in the respective contracts.
Convention on International Interests in Movable Equipment
The Convention on International Interests in Movable Equipment (also: Cape Town Convention) of 2001 is more recent. With a view to high-priced items that are intended for cross-border use in commercial traffic (e.g. aircraft), it serves as the basis for creating an international one Register in which security interests (e.g. for lenders or other creditors ) can be entered and thus recognized and enforced internationally. The convention clarifies basic questions, but needs to be filled in. Additional protocols for railway objects, airplanes and satellites are planned and in some cases already decided.
Web links
- Official website
- UNIDROIT statute (PDF file; 126 kB).
- Herbert Kronke : Concise Dictionary of European Private Law, 2009: UNIDROIT . Retrieved May 25, 2020.
Individual evidence
- ↑ Conventions; Archived copy ( Memento of the original from July 14, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ↑ Model laws / Lois types; Archived copy ( memento of the original from July 23, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ↑ Principles / Principes; Archived copy ( Memento of the original from July 14, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ^ Rabel, RabelsZ 50 (1986), 282, 301.
- ↑ Nelle, JuS 1990, 775 f.
- ↑ Archived copy ( memento of the original dated August 31, 2005 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ^ Kronke, JZ 2001, 1149, 1150.
- ↑ Archived copy ( Memento of the original dated June 12, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
