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Topics for CIDIPs
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Applicable Law
Convention on Choice of Law:
The proposal presented by
Brazil (CP/CAJP-2094/03 add.
3-a) provides the basis for
drafting a convention on
choice of law in consumer
transactions incorporating a
broad definition of Consumer.
To this effect, the document
provides specific conditions
to take upon consideration in
the definition of consumer. It
establishes that consumer
contracts (especially those
concluded by any form of
electronic communication)
shall be govern by the law of
the consumer’s country of
residence or by the law most
favorable to the consumer;
and, it provides exceptions to
its application excluded cases
and issues covered by other
international treaties. The
Convention incorporates
specific rules concerning
specific types of contracts
that present special problems,
including travel, tourism and
time-share or multi-property
contracts.
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Documents
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