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This UPICCS provision specifically regulates the legal field.

It contains rules that not only


regulate but are also mandatory. this is explained in Article 5.1. mention that "parties can ignore
the application of these principles or divert or modify the validity of each rule, unless, otherwise
specified in this rule principles ". There are three main elements related to the existence of UPICC,
namely:

1. The principle is not mandatory;

2. Ignoring or changing this can be done openly or quietly;

3. There is, however, mandatory rules in the Principles that must be considered.

First, rules contained in general principles are not mandatory, for example, parties can totally
separate their applications Package contents according to specific types of needs of the trans
activity involved.

Second, if we want to ignore or change the principles that we can do it openly or secretly. Ignore
and change silently when the conditions created have been negotiated individually or become part
of the standard the conditions included in their contract by the parties.

Third, there are several provisions in Principles that are compulsory, for example, the importance
mentioned in the Principle, when the parties are not allowed to ignore or transfer the Principles as
they wish. Given the nature of the Principle, non-compliance with this perception has no
consequences. On the other hand, it should be noted that the provisions used reflect standards of
behavior and rules that are obligatory based on most national laws. Provisions that are compulsory
are usually stated as such.

Other than that there is also, The international Nature and Purpose of TOPICs to be
kept in mind at their Interpretation

Here it is explained where lex mercatoria is a uniform or harmonious law in each country.
This also includes the desire of UPICCS, in article 1.6 it is also explained that in interpreting these
principles, attention must be paid to the international nature and objectives including the need to
increase uniformity.

First, this explains about every legal text that is legislative or contractual, these Principles can
cause uncertainty to change the exact meaning. The interpretation of these principles will be
different from the contracts applied by the parties. As a result, these principles must be interpreted
differently from the conditions used in each contract. Rules for their interpretation are regulated in
Chapter 4 of the Principle. This chapter discusses how the principle must be interpreted.
Second, this explains about the concept contained in the international nature must be interpreted
autonomously not referring to traditional meaning or certain domestic law. This agreement is
important, given that the Principle is the result of a comparative study conducted by legal experts
from various legal backgrounds and from diverse cultural environments.

Third, here explains that the principles are not just interpreted into the letter but must be in
accordance with the framework or its purpose. As for the objectives of the Principle as a whole,
this article explains, the main purpose of the Principle is to provide uniform curriculum for
international commercial. contract, and finally refers to the need to promote their uniform
application. For example, by guaranteeing that in practice, the Principle offers the broadest
possible interpretation and applied in a unique way in various countries.

Fourth, this is the last one and this explains a number of issues which should be included in these
Principles, not clearly regulated. To determine whether the problem is within the scope of the
Principle, despite the fact that they are not clearly regulated, or whether they are outside, it must
first be determined whether this is clearly stated.

The need for uniformity in applying this principle means that solutions must be found wherever
possible. However, when the problem cannot be solved by extension of the provisions through an
analog case, the solution can be found in the general principles underlying it. Some of these basic
principles are clearly stated in Principles. However, others must be found in special considerations,
for example, where regulations must first be analyzed to see whether the provisions can be
considered as statements of general principles and can also be applied to cases other than those
that are seriously regulated.

here the parties are willing to agree to certain national laws this provision reads as follows
according to the UNINDROIT principle which says This contract must be interpreted and
implemented inaccordance with the UNIDROIT principles, while the matters not clearly solved
through these may be solved according to the laws of country X ".

An offer may also be withdrawn by the party making the offer. Article 2.3 states that (1) an offer
becomes effective only when it reaches the party addressed to; and (2) an offer, even in the case
when it cannot be withdrawn, may still be withdrawn if the withdrawn reaches the addressee before
or at the time of offer. The exact point in time when an offer becomes effective pinpoints the
moment when the addressee may accept the tie the offering party to the proposed contract.

However, there may be other reasons why an offer in practice may be important to be withdrawn.
For, until such moment. the offering party is free to change his mind and decide not to enter into a
contract, or replace his first offer with a second one, regardless whether the first offer will be
withdrawn or not.

Article 2.4 clause (1) confirms that unti1 a contract is concluded the offer may be revoked if the
revocation is received by the offeree or the person being offered, before he has dispatched an
acceptance. However, an offer may not be revoked (a) when the offer shows, both through
confirmed time of receipt or through statement that the offer may not be revoked; or (b) when the
party offered rightfully considers it as irrevocable and he has acted accordingly to the offer. An
offer is not always accepted, but an offer may be rejected.

Article 2.5 mentions that "An offer is terminated when rejection is received by the offering party".

In the case where there is no firm rejection, then statements or behavior of the party offered must
at all times convince the offering party that the party offered has no intention to accept the offer.

Regulations on the mariner of acceptance are found in Article 2.6, that:

(1) A statement made or the behavior indicated by the party offered that show acceptance to the
offer, is considered an acceptance. Silence or inaction do not by themselves mean acceptance;

(2) Acceptance to an offer becomes effective when indications of acceptance reach the offering
party.

(3) If, however, when based on an offer or as a result of existing practice among the parties or by
custom, the offeree shows acceptance through an action, despite not informing the offering party,
then acceptance becomes effective upon performance of the action.

In order to show that there is acceptance, the party offered must, by one or other means, show
"acceptance" to the offer. A mere information that the offer has been received, or to say that the
offer is attractive, does not suffice. Furthermore, acceptance must be made without condition.

As a general rule, acceptance that is indicated merely through behavior becomes effective only
when information on the matter is received by the offering party. But it must be noted that special
notification by the offered party becomes necessary only when his behavior does not by itself
explicitly indicate acceptance to the offering party within a reasonable time frame.

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