THE ROLE OF STANDARDIZED FIDIC CONTRACTS IN THE PROCESS OF CONSTRUCTION MARKET GLOBALIZATION
THE ROLE OF STANDARDIZED FIDIC CONTRACTS IN THE PROCESS OF CONSTRUCTION MARKET GLOBALIZATION
Author(s): Oana-Ruxandra GherghinaSubject(s): Civil Law, Commercial Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: Fidic contracts; market globalization; General Conditions of Contract;
Summary/Abstract: At the basis of this scientific approach was the interest of the author, theoretician and practitioner of construction law, to deepen the legal impediments related to the transposition of the FIDIC General Conditions of Contract 1999 in the Romanian legislation in the context of a global construction market. The interest for this specific theme derives from the broader spectrum of the author's interest in the process of globalization of the construction industry. The challenge accepted by the author was to answer the questions if FIDIC contracts, drafted under the common-law rules are compatible with the Romanian civil law-based legal system, and if these standardized forms of contract have contributed to the globalization process. The conclusion of the research indicates a positive response to both questions, the author’s opinion being that standardization in general, and FIDIC contracts in particular, played an important role to the globalization of construction market. In fact, FIDIC contracts have been an important tool in the process of globalization of the construction market, precisely because of the versatile nature of the wording, which allowed the use of these standardized contracts in both the Anglo-Saxon law system and the Continental law systems based on Civil Codes.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XI/2017
- Issue No: XI
- Page Range: 93-98
- Page Count: 6
- Language: English