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Legal Literature

Legal Literature Details
Member State Netherlands
Title Sale
Subtitle
Type book chapter
URL
Author BERTRAMS, R.I.V.M.
Reference Maklu-Uitgevers
Publication Year 2014
Keywords choice, jurisdiction, national law, real estate, sales contract

Timeshare Directive, link

Paragraph 6.1 discusses two topics. Firstly, the obligatory relations in the international sale contracts regarding real estate. These type of contracts are not part of the CISG. Furthermore, choice of law is possible. In case parties do not agree upon a choice of law, the law of the country in which the real estate is established is applicable.

Secondly, the formal rules regarding international sale contracts with respect to real estate are also discussed in this paragraph. In case of an agreement between parties regarding a choice of law, the formal rules of the country in which the real estate is established (lex rei sitae) should prevail due to the imperative nature of the specific local law.

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