Boilerplate clauses, international commercial contracts and the applicable law

상세정보

자료유형	단행본
서명/저자사항	Boilerplate clauses, international commercial contracts and the applicable law/ edited by Giuditta Cordero-Moss.
개인저자	Cordero-Moss, Giuditta.
발행사항	Cambridge. New York: Cambridge University Press, 2011.
발행예정일자	1103
형태사항	403 p.; 24 cm.
ISBN	9780521197892:
내용주기	Machine generated contents note: 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 Me;heut 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 Møgelvang-Hansen; 12. The Nordic tradition: application of boilerplate clauses under Finnish Law Gustaf Mo@ller; 13. The Nordic tradition: application of boilerplate clauses under Norwegian law Viggo Hagstrøm; 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.
요약	"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"--
요약	"This book addresses the question of whether the drafting style of international contracts may actually achieve rendering the contract self-sufficient. The drafting style, including the recurrence of boilerplate clauses in all types of contracts and irrespective of the governing law, seems to aim at detaching the contract from any elements external to the contract itself, including the applicable law. This drafting style is originally based on the common law approach to contracts, but is now adopted in most international contracts even when they are not subject to a law belonging to the common law family.The analysis follows three different stages, each dealt with in a different part of the book"--
해제	Provided by publisher.
해제	Provided by publisher.
일반주제명	Standardized terms of contract. Contracts -- Language. Foreign trade regulation.
분류기호(DDC)	346.022
언어	영어