Boilerplate Clauses, International Commercial Contracts And The Applicable Law - Rilegato

Giuditta Cordero-Moss

Rilegato

ISBN 10: 0521197899 ISBN 13: 9780521197892

Casa editrice: New Publisher, 2021

Riassunto

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.

Su questo libro

Descrizione del libro:

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.

L'autore:

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.

Su questa edizione

• Editore: New Publisher
• Data di pubblicazione: 2021
• ISBN 10: 0521197899
• ISBN 13: 9780521197892
• Rilegatura: Copertina rigida
• Numero di pagine: 426