Law and Compliance in Ireland

Overview by

Business Contract

General Observation
You must define precisely the seller's obligations and the methods of quality control. However the parties may not, by choice of a different legal system, avoid the application of the mandatory rules of the country that would otherwise apply to the situation.
Law Applicable to the Contract
Different types of contracts are possible: agency agreements and distribution agreements. Many agency agreements are covered by the EC (Commercial Agents) Regulations 1994. In the case of distribution, the Sale of Goods Act 1980 imposes obligations on a supplier subject to the terms of the contract.
The law applicable to Contractual Obligations Act, 1991 gave effect to the Convention formulated in Rome in 1980.
Advisable Incoterms
It's preferable to choose an incoterm FOB or CIF. Avoid EXW, if you don't want to have to take care of the transport.
Language of Domestic Contract
Other Laws Which Can Be Used in Domestic Contracts
English law and decisions are often cited.

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Legal Framework of Business

Equity of Judgments

Independence of Justice
The judiciary is independent.
Equal Treatment of Nationals and Foreigners
The Language of Justice
English and Gaelic.
Recourse to an Interpreter
Legal Similarities
- Brehon Law
- Constitution of 1937
- The European Communities Act, 1972 (provides that Treaties of the European Union are part of Irish law, along with directly effective measures adopted under those treaties)
- Acts of the Oireachtas
- Statutory instruments
All the Irish sources of law are available on the website of The Irish statute book

The Different Legal Codes

Constitutional law The Irish Constitution was enacted by a popular plebiscite held on 1 July 1937. The Constitution is the corner-stone of the Irish legal system and is held to be the source of power exercised by the legislative, judicial and executive branches of government.
Case law The Irish courts are bound by the doctrine of Stare decisis: judges are obliged to obey the set-up precedents established by prior decisions
The European Communities Act, 1972 Provides that Treaties of the European Union are part of Irish law, along with directly effective measures adopted under those treaties.
International law Ireland is a dualist state and treaties are not part of its domestic law unless incorporated by the Oireachtas. An example of incorporation is the Refugee Act 1996.
Checking National Laws Online
Constitution of Ireland
Other Useful Resources
Department of Justice, Equality and Law Reform
Country Guides
Lexmundi, Guide to doing business in Ireland: legal system.

Find Legal Experts in Ireland on

The Jurisdictions

Supreme Court It's a court of final appeal. It ensures compliance with the Irish Constitution by governmental bodies and private citizens.
High Court Deals at first instance with the most serious and important civil and criminal cases, acts as a court of appeal for civil cases in the Circuit Court.
Special Criminal Court It's a juryless criminal court for terrorist and organized crime cases.

Court Officials
Courts Service
Find more on about Legal and Compliance Issues in Ireland.

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