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Boilerplate Clauses, International Commercial Contracts and the Applicable Law

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David Echenberg, Maria Celeste Vettese, Giuditta Cordero Moss, Gerhard Dannemann, Edward T. Canuel, Jean-Sylvestre Bergé, Edwin Peel, Ulrich Magnus, Xavier Lagarde, David Méheut, Jean-Michel Reversac, Giorgio De Nova, Peter Møgelvang-Hansen, Gustaf Möller, Viggo Hagstrøm, Lars Gorton, Attila Menyhárd, Ivan S. Zykin
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  • Date Published: May 2011
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781139065405

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  • 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.

    • Explains the most typical effects of boilerplate clauses under the law of a series of countries to assist practising lawyers who use them in commercial contracts
    • Demonstrates that international contracts are affected by the applicable law to a previously unsuspected extent, thus inducing practitioners and academics alike to reconsider their reliance on the possibility of uniformly interpreting and applying standard contract wording
    • Explains how contracts shall be interpreted if they are written on the basis of a law different from the law that governs them, thus providing practitioners with the instruments to write and interpret contracts in the awareness of the governing law
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    Product details

    • Date Published: May 2011
    • format: Adobe eBook Reader
    • isbn: 9781139065405
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • 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 Bergé
    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 Méheut 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 Möller
    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 Menyhárd
    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.

  • Editor

    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.

    Contributors

    David Echenberg, Maria Celeste Vettese, Giuditta Cordero Moss, Gerhard Dannemann, Edward T. Canuel, Jean-Sylvestre Bergé, Edwin Peel, Ulrich Magnus, Xavier Lagarde, David Méheut, Jean-Michel Reversac, Giorgio De Nova, Peter Møgelvang-Hansen, Gustaf Möller, Viggo Hagstrøm, Lars Gorton, Attila Menyhárd, Ivan S. Zykin

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