Publication details

Soft law, lex mercatoria a měnové a devizové právo v časech nestability.

Title in English Soft law, lex mercatoria and currency and foreign exchange law in times of instability
Authors

HODERMARSKY Jan

Year of publication 2022
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Description Due to its important role in world trade, money can be considered one of the cornerstones of the system of international economic relations itself and of the lex mercatoria phenomenon. National monetary systems are an important part of international economic relations, which are regulated by international law. In the context of international transactions, it must be remembered that a debt expressed in a certain currency and in a certain amount must, as a matter of principle, be paid in that currency regardless of its intrinsic value. In times of political and economic instability, this rule may be too strict and sometimes even unfair to international traders. It is therefore necessary to explore means of ensuring a fair arrangement of relations among them, and it is the lex mercatoria system that seems to be promising in this respect. However, even lex mercatoria has its limits in terms of currency and foreign exchange law.
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