ENGLISH

Boilerplate Clauses, International Commercial Contracts and the Applicable Law: Common Law Contract Models and Commercial Transactions Subject to Civilian Governing Laws

By Giuditta Cordero-Moss

Book information

Publisher
Cambridge University Press
Year
2011
ISBN
0521197899, 9780521197892
Language
english
Format
PDF
Filesize
2 MB (1994455 bytes)
Edition
1
Pages
427\427
Orientation
yes
Scanned
no
Time added
2012-02-04 16:00:00

Description

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.

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