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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Bibliographic Details
Imprint:Cambridge : Cambridge University Press, 2011.
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
Hidden Bibliographic Details
Varying Form of Title:Boilerplate Clauses, International Commercial Contracts & the Applicable Law
Other authors / contributors:Cordero-Moss, Giuditta, editor.
ISBN:9780511667503 (ebook)
9780521197892 (hardback)
Notes:Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Summary: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.
Other form:Print version: 9780521197892
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