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Lex Mercatoria
''Lex mercatoria'' (from the Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party. It emphasized contractual freedom and inalienability of property, while shunning legal technicalities and deciding cases ''ex aequo et bono''. With ''lex mercatoria'' professional merchants revit ...
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Latin Language
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb ...
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Clerke V Martin
Clerke may refer to: People * Agnes Mary Clerke (1842–1907), Irish astronomer and science writer * Charles Clerke (1741–1779), British naval officer and explorer * Charles Clerke (footballer) (1857–1944), English footballer * Ellen Mary Clerke (1840–1906), Irish poet, linguist and journalist * Francis Clerke (other) * John Clerke (other) * Clerke baronets There have been three baronetcies created for members of the Clerke family. One creation is extant as of 2008. The Clerke Baronetcy, of Hitcham in the County of Buckingham, was created in the Baronetage of England on 13 July 1660 for John Clerk ..., three baronetcies ** Sir Clement Clerke, 1st Baronet (died 1693), English entrepreneur ** Sir William Clerke, 8th Baronet (1751–1818), English clergyman Other * .38/.45 Clerke, a wildcat semi-automatic pistol cartridge * Clerke (crater), a lunar crater named after Agnes Mary Clerke * Clerke Rocks, a group of small rocky islands in the South A ...
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Econlib
Liberty Fund, Inc. is an American private educational foundation headquartered in Carmel, founded by Pierre F. Goodrich. Through publishing, conferences, and educational resources, the operating mandate of the Liberty Fund was set forth in an unpublished memo written by Goodrich "to encourage the study of the ideal of a society of free and responsible individuals".Morgan N. KnullGoodrich, Pierre, ''First Principles'', 09/23/11Robert T. Grimm (ed.), ''Notable American Philanthropists: Biographies of Giving and Volunteering'', Greenwood Publishing Group, 2002, pp. 125–128 History Liberty Fund was founded by Pierre F. Goodrich in 1960. In 1997 it received an $80 million donation from Goodrich's wife, Enid, increasing its assets to over $300 million. In November 2015, it was announced that the Liberty Fund was building a $22 million headquarters in Carmel, Indiana. Liberty Fund has been cited by historian Donald T. Critchlow as one of the endowed conservative foundations whic ...
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John William Smith (legal Writer)
John William Smith (1809–1845) was an English barrister, known as a legal writer. Life Born in Chapel Street, Belgrave Square, London, on 23 January 1809, he was eldest son of John Smith, who was appointed in 1830 paymaster of the forces in Ireland; his mother was a sister of George Connor, master in chancery in Ireland. After a private school in Isleworth, he went in 1821 to Westminster School, where he was elected queen's scholar in 1823. He entered in 1826 Trinity College, Dublin, where he obtained a scholarship in 1829, and was awarded the gold medal in classics in the following year. Smith joined on 20 June 1827 the Inner Temple, where, after practising for some years as a special pleader, he was called to the bar on 3 May 1834. From 1837 to 1843 he was lecturer at the Law Institution, and in 1840 was appointed to a revising barristership. He practised for a time on the Oxford circuit and at the Hereford and Gloucester sessions, but later only in London. Smith died of c ...
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Caveat Emptor
''Caveat emptor'' (; from ''caveat'', "may he/she beware", a subjunctive form of ''cavēre'', "to beware" + ''ēmptor'', "buyer") is Latin for "Let the buyer beware". It has become a proverb in English. Generally, ''caveat emptor'' is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase ''caveat emptor'' and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as 'information asymmetry'. Defects in the good or service may be hidden from the buyer, and only known to the seller. It is a short form of ''Caveat emptor, quia ignorare non debuit quod jus alienum emit'' ("Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.") I.e. the buyer should assure himself that t ...
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Cato Institute
The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Industries is the second largest privately held company by revenue in the United States. Cato was established to have a focus on public advocacy, media exposure and societal influence. According to the ''2020 Global Go To Think Tank Index Report'' ( Think Tanks and Civil Societies Program, University of Pennsylvania), Cato is number 27 in the "Top Think Tanks Worldwide" and number 13 in the "Top Think Tanks in the United States". The Cato Institute is libertarian in its political philosophy, and advocates a limited role for government in domestic and foreign affairs as well as a strong protection of civil liberties. This includes support for lowering or abolishing most taxes, opposition to the Federal Reserve system and the Affordable Care ...
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SAGE Publishing
SAGE Publishing, formerly SAGE Publications, is an American independent publishing company founded in 1965 in New York by Sara Miller McCune and now based in Newbury Park, California. It publishes more than 1,000 journals, more than 800 books a year, reference works and electronic products covering business, humanities, social sciences, science, technology and medicine. SAGE also owns and publishes under the imprints of Corwin Press (since 1990), CQ Press (since 2008), Learning Matters (since 2011), and Adam Matthew Digital (since 2012). History SAGE was founded in 1965 in New York City by Sara Miller (later Sara Miller McCune) with Macmillan Publishers executive George D. McCune as a mentor; the name of the company is an acronym formed from the first letters of their given names. SAGE relocated to Southern California in 1966, after Miller and McCune married; McCune left Macmillan to formally join the company at that time. Sara Miller McCune remained president for 18 years ...
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Statute Of The Staple
The Ordinance of the Staple was an ordinance issued in the Great Council in October 1353. It aimed to regularise the status of staple ports in England, Wales, and Ireland. In particular, it designated particular ports where specific goods could be exported or imported. These were called the 'staple ports'. It also established dedicated courts, known as the courts of staple, where disputes relating to commercial matters could be heard, in preference to the courts of common law. There were two immediately prior assemblies in August 1352 and July 1353 at which it is thought the matter of Staples was discussed. The scheme for home town staples was vetted by the more parliamentary assembly in September 1353. Royal officials had already been appointed on 10 July 1353 to run the scheme when the parliament of 1354 confirmed the new scheme by that the Act of Parliament. The previous act in 1326 had given the Staple towns legal definition, but the new piece of legislation broadened and w ...
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UNCITRAL
The United Nations Commission on International Trade Law (UNCITRAL) ( French: ''Commission des Nations Unies pour le droit commercial international (CNUDCI)'') is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to facilitate international trade and investment. Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive harmonization and unification of international trade law" through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods. UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna, where it is headquartered. History When world trade began to expand dramatically in the 1960s, national governments began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade. Membership UNCITRAL' ...
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UNIDROIT
UNIDROIT (formally, the International Institute for the Unification of Private Law; French: ''Institut international pour l'unification du droit privé'') is an intergovernmental organization whose objective is to harmonize international private law across countries through uniform rules, international conventions, and the production of model laws, sets of principles, guides and guidelines. Established in 1926 as part of the League of Nations, it was reestablished in 1940 following the League's dissolution through a multilateral agreement, the UNIDROIT Statute. As at 2019 UNIDROIT has 63 member states. UNIDROIT has prepared multiple conventions (treaties), but has also developed soft law instruments. An example are the UNIDROIT Principles of International Commercial Contracts. Distinctly different from the Convention on the International Sale of Goods (CISG) adopted by UNCITRAL, the UNIDROIT Principles do not apply as a matter of law, but only when chosen by the parties as t ...
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International Commercial Terms
The Incoterms or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) relating to international commercial law. Incoterms define the responsiblities of exporters and importers in the arrangement of shipments and the transfer of liability involved at various stages of the transaction. They are widely used in international commercial transactions or procurement processes and their use is encouraged by trade councils, courts and international lawyers. A series of three-letter trade terms related to common contractual sales practices, the Incoterms rules are intended primarily to clearly communicate the tasks, costs, and risks associated with the global or international transportation and delivery of goods. Incoterms inform sales contracts defining respective obligations, costs, and risks involved in the delivery of goods from the seller to the buyer, but they do not themselves conclude a contract, determi ...
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