Boilerplate Clauses, International Commercial Contracts and the Applicable Law

By: Giuditta Cordero-Moss (Editor)

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Hardcover | 17 March 2011

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426 Pages

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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.

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Non-Fiction Law Laws of Specific Jurisdictions Company Law Contract Law Jurisprudence & General Issues Comparative Law Commercial Law International Law International Law of Transport

Introduction
How Contracts Are Written In Practice:
Negotiating international contracts: does the process invite a review of standard contracts from the point of view of national legal requirements?
Multinational companies and national contracts
Methodological Challenges:
Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?
Common law based contracts under German law
Comparing exculpatory clauses under Anglo-American law: testing total legal convergence
Circulation of common law contract models in Europe: the impact of European Union system Jean-Sylvestre Bergé
The Applicable Law's Effects on Boilerplate Clauses:
The common law tradition: application of boilerplate clauses under English law
The Germanic tradition: application of boilerplate clauses under German law
The Romanistic tradition: application of boilerplate clauses under French law Xavier Lagarde
The Romanistic tradition: application of boilerplate clauses under Italian law
The Nordic tradition: application of boilerplate clauses under Danish law
The Nordic tradition: application of boilerplate clauses under Finnish Law
The Nordic tradition: application of boilerplate clauses under Norwegian law
The Nordic tradition: application of boilerplate clauses under Swedish law
The East European tradition: application of boilerplate clauses under Hungarian law
The East European tradition: application of boilerplate clauses under Russian law
Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless Giuditta Cordero Moss
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Boilerplate Clauses, International Commercial Contracts and the Applicable Law

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Hardcover

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