Boilerplate clauses, international commercial contracts and the applicable law / (Record no. 16328)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 03833cam a2200205 a 4500 |
| INTERNATIONAL STANDARD BOOK NUMBER | |
| ISBN | 9780521197892 |
| INTERNATIONAL STANDARD BOOK NUMBER | |
| ISBN | 0521197899 |
| DEWEY DECIMAL CLASSIFICATION NUMBER | |
| Classification number | KC233 .B64 2011 |
| Item number | 1 |
| TITLE STATEMENT | |
| Title | Boilerplate clauses, international commercial contracts and the applicable law / |
| Statement of responsibility, etc | edited by Giuditta Cordero-Moss. |
| Copyright Date | |
| Place of publication | UNITED STATES OF AMERICA |
| Name of publisher | CAMBRIDGE UNIVERSITY PRESS |
| Year of publication or production | 2011 |
| PHYSICAL DESCRIPTION | |
| Number of Pages | xxii, 403 p. ; |
| FORMATTED CONTENTS NOTE | |
| Formatted contents note | Negotiating international contracts : does the process invite a review of standard contracts from the point of view of national legal requirements? / David Echenberg -- Multinational companies and national contracts / Maria Celeste Vettese -- 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 -- Common law based contracts under German law / Gerhard Dannemann -- Comparing exculpatory clauses under Anglo-American law : testing total legal convergence / Edward T. Canuel -- Circulation of common law contract models in Europe : the impact of European Union system / Jean-Sylvestre Bergé -- The common law tradition : application of boilerplate clauses under English law / Edwin Peel -- The Germanic tradition : application of boilerplate clauses under German law / Ulrich Magnus -- The Romanistic tradition : application of boilerplate clauses under French law / Xavier Lagarde, David Méheut and Jean-Michel Reversac -- The Romanistic tradition : application of boilerplate clauses under Italian law / Giorgio De Nova -- The Nordic tradition : application of boilerplate clauses under Danish law / Peter Møgelvang-Hansen -- The Nordic tradition : application of boilerplate clauses under Finnish Law / Gustaf Möller -- The Nordic tradition : application of boilerplate clauses under Norwegian law / Viggo Hagstrøm -- The Nordic tradition : application of boilerplate clauses under Swedish law / Lars Gorton -- The East European tradition : application of boilerplate clauses under Hungarian law / Attila Menyhárd -- The East European tradition : application of boilerplate clauses under Russian law / Ivan S. Zykin. -- |
| SUMMARY, ETC. | |
| Summary, etc | "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"-- |
| SUMMARY, ETC. | |
| Summary, etc | "This book addresses the question of whether the drafting style of international contracts may actually achieve rendering the contract self-sufficient. The drafting style, including the recurrence of boilerplate clauses in all types of contracts and irrespective of the governing law, seems to aim at detaching the contract from any elements external to the contract itself, including the applicable law. This drafting style is originally based on the common law approach to contracts, but is now adopted in most international contracts even when they are not subject to a law belonging to the common law family.The analysis follows three different stages, each dealt with in a different part of the book"-- |
| SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical Term | Standardized terms of contract. |
| SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical Term | Contracts |
| SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical Term | Foreign trade regulation. |
| ADDED ENTRY--PERSONAL NAME | |
| Personal name | Cordero-Moss, Giuditta. |
| ADDED ENTRY ELEMENTS (KOHA) | |
| Source of classification or shelving scheme | moys |
| Koha item type | Books |
| Permanent Location | Current Location | Date acquired | Full call number | Accession Number | Koha item type |
|---|---|---|---|---|---|
| FACULTY OF LAW LIBRARY | FACULTY OF LAW LIBRARY | 08/27/2025 | KC233 .B64 2011 | 0028138 | Books |