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Boilerplate Clauses, International Commercial Contracts and the Applicable Law Giuditta Cordero-Moss (Universitetet i Oslo)

Boilerplate Clauses, International Commercial Contracts and the Applicable Law By Giuditta Cordero-Moss (Universitetet i Oslo)

Boilerplate Clauses, International Commercial Contracts and the Applicable Law by Giuditta Cordero-Moss (Universitetet i Oslo)


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Summary

Boilerplate clauses are often inserted into international commercial contracts in the assumption that the legal effects will only be based on the contract as opposed to the applicable law. This book demonstrates that principles such as good faith and loyalty common to systems of civil law undermine this assumption.

Boilerplate Clauses, International Commercial Contracts and the Applicable Law Summary

Boilerplate Clauses, International Commercial Contracts and the Applicable Law by Giuditta Cordero-Moss (Universitetet i Oslo)

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

About Giuditta Cordero-Moss (Universitetet i Oslo)

Giuditta Cordero-Moss is a professor at the Institute of Private Law, University of Oslo, where her main areas of expertise are international commercial law, comparative law and private international law. She is also an international arbitrator and has in the past practised as an international commercial lawyer in Italy, Norway and Russia.

Table of Contents

Introduction; Part I. How Contracts Are Written In Practice: 1. Negotiating international contracts: does the process invite a review of standard contracts from the point of view of national legal requirements? David Echenberg; 2. Multinational companies and national contracts Maria Celeste Vettese; Part II. Methodological Challenges: 3. Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation? Giuditta Cordero Moss; 4. Common law based contracts under German law Gerhard Dannemann; 5. Comparing exculpatory clauses under Anglo-American law: testing total legal convergence Edward T. Canuel; 6. Circulation of common law contract models in Europe: the impact of European Union system Jean-Sylvestre Berge; Part III. The Applicable Law's Effects on Boilerplate Clauses: 7. The common law tradition: application of boilerplate clauses under English law Edwin Peel; 8. The Germanic tradition: application of boilerplate clauses under German law Ulrich Magnus; 9. The Romanistic tradition: application of boilerplate clauses under French law Xavier Lagarde, David Meheut and Jean-Michel Reversac; 10. The Romanistic tradition: application of boilerplate clauses under Italian law Giorgio De Nova; 11. The Nordic tradition: application of boilerplate clauses under Danish law Peter Mgelvang-Hansen; 12. The Nordic tradition: application of boilerplate clauses under Finnish Law Gustaf Moller; 13. The Nordic tradition: application of boilerplate clauses under Norwegian law Viggo Hagstrm; 14. The Nordic tradition: application of boilerplate clauses under Swedish law Lars Gorton; 15. The East European tradition: application of boilerplate clauses under Hungarian law Attila Menyhard; 16. The East European tradition: application of boilerplate clauses under Russian law Ivan S. Zykin; 17. Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless Giuditta Cordero Moss.

Additional information

GOR013676004
9780521197892
0521197899
Boilerplate Clauses, International Commercial Contracts and the Applicable Law by Giuditta Cordero-Moss (Universitetet i Oslo)
Used - Very Good
Hardback
Cambridge University Press
2011-03-17
426
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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