Boilerplate clauses, international commercial contracts and the applicable law /
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...
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Imprint: | Cambridge : Cambridge University Press, 2011. |
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Description: | 1 online resource (xxii, 403 pages) : digital, PDF file(s). |
Language: | English |
Subject: | Standardized terms of contract. Contracts -- Language. Foreign trade regulation. |
Format: | E-Resource Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/12598084 |
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?
- 2. Multinational companies and national contracts
- 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?
- 4. Common law based contracts under German law
- 5. Comparing exculpatory clauses under Anglo-American law: testing total legal convergence
- 6. Circulation of common law contract models in Europe: the impact of European Union system
- Part III. The Applicable Law's Effects on Boilerplate Clauses
- 7. The common law tradition: application of boilerplate clauses under English law
- 8. The Germanic tradition: application of boilerplate clauses under German law
- 9. The Romanistic tradition: application of boilerplate clauses under French law
- 10. The Romanistic tradition: application of boilerplate clauses under Italian law
- 11. The Nordic tradition: application of boilerplate clauses under Danish law
- 12. The Nordic tradition: application of boilerplate clauses under Finnish Law
- 13. The Nordic tradition: application of boilerplate clauses under Norwegian law
- 14. The Nordic tradition: application of boilerplate clauses under Swedish law
- 15. The East European tradition: application of boilerplate clauses under Hungarian law
- 16. The East European tradition: application of boilerplate clauses under Russian law
- 17. Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless Giuditta