There are major differences with the procurements and it can be encountered when
executing procurements in the countries examined include these three major ones. The countries
are US and UK in these scenarios and the major differences are Legal systems, Efficiency of
judicial system, and the Transparency. Now let’s discuss the all of these in detail.
Legal systems
Legal systems can vary significantly between countries, and this can have an impact on
how contracts are enforced. For example, common law countries such as the UK and the US
have a legal system based on case law, where legal decisions are made based on previous cases
that have set precedents. Different countries have different legal systems, which can have a
significant impact on how contracts are enforced. For example, common law countries such as
the UK and the US have a different approach to contract enforcement than civil law countries
such as France and Germany. In contrast, civil law countries such as France and Germany have a
legal system based on codified laws, where laws are written down and applied to specific
situations. These differences in legal systems can impact how contracts are written, interpreted,
and enforced. For example, in a common law country, the terms of a contract may be more
flexible and subject to interpretation based on previous legal decisions. In a civil law country, the
terms of a contract may be more rigid and based on specific legal codes.
Efficiency of judicial systems
The efficiency of a country's judicial system can also impact contract enforcement. In
some countries, legal disputes can take years to be resolved, while in others, they can be resolved
more quickly. This can be due to a variety of factors, such as the number of judges, the
availability of court resources, and the complexity of legal procedures. In countries with less
efficient judicial systems, contract enforcement can be more difficult, as disputes may take a
long time to be resolved. This can lead to uncertainty and delays in contract execution, which can
be costly for both parties.
Transparency
Transparency is another factor that can impact contract enforcement. In countries with
opaque or corrupt legal systems, it may be difficult to enforce contracts or resolve commercial
disputes. Corruption can lead to biased legal decisions or even the outright rejection of contracts.
Transparency in legal systems can also impact the ability of foreign businesses to conduct
business in a country. For example, if a country's legal system is perceived as corrupt, foreign
investors may be less likely to invest in that country, which can impact economic growth.
Conclusion
A scenario where a citizen working in one country could encounter problems executing a
procurement in another country is if the legal systems of the two countries are significantly
different. For example, if a UK citizen is working on a procurement in France, they may
encounter difficulties if they are not familiar with the French legal system. They may not be
aware of the specific legal requirements that need to be met in order to enforce a contract in
France, which could lead to delays or even the contract being declared invalid. Additionally,
differences in language and cultural practices could also pose challenges when executing
procurements in another country.
References
World Bank Group. (2022). Doing Business 2022: Monitoring Business Regulations.
Retrieved from https://openknowledge.worldbank.org/handle/10986/36138
