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Boilerplate Clauses, International Commercial Contracts and the Applicable Law by ed. by Giuditta Cordero-Moss is a book available to read on EtoBox.

What is Boilerplate Clauses, International Commercial Contracts and the Applicable Law about?

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-- 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 Draftin

Author

ed. by Giuditta Cordero-Moss

Publisher

Cambridge ; New York: Cambridge University Press

Published

2011

Language

EN

ISBN

9780511667503

Subjects

Language Learning, Law, Language