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Boilerplate Clauses, International Commercial Contracts and the Applicable Law / edited by Giuditta Cordero-Moss.

Contributor(s): Material type: TextTextPublisher: Cambridge : Cambridge University Press, 2011Description: 1 online resource (426 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780511667503 (ebook)
Other title:
  • Boilerplate Clauses, International Commercial Contracts & the Applicable Law
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 346.02/2 22
LOC classification:
  • K845.S7 B65 2011
Online resources: 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.
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Title from publisher's bibliographic system (viewed on 04 Apr 2016).

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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