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Boilerplate clauses, international commercial contracts and the applicable law

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Boilerplate clauses, international commercial contracts and the applicable law. / Cordero-Moss, Giuditta (Editor).

Cambridge : Cambridge University Press, 2011.

Research output: Book/ReportBook

Harvard

Cordero-Moss, G (ed.) 2011, Boilerplate clauses, international commercial contracts and the applicable law. Cambridge University Press, Cambridge., 10.1017/CBO9780511667503

APA

Cordero-Moss, G. (Ed.) (2011). Boilerplate clauses, international commercial contracts and the applicable law. Cambridge: Cambridge University Press. 10.1017/CBO9780511667503

Vancouver

Cordero-Moss G, editor. Boilerplate clauses, international commercial contracts and the applicable law. Cambridge: Cambridge University Press, 2011. Available from: 10.1017/CBO9780511667503

Author

Cordero-Moss, Giuditta (Editor) / Boilerplate clauses, international commercial contracts and the applicable law.

Cambridge : Cambridge University Press, 2011.

Research output: Book/ReportBook

Bibtex - Download

@book{5d02f712e62244eebfae9085837eff21,
title = "Boilerplate clauses, international commercial contracts and the applicable law",
publisher = "Cambridge University Press",
author = "Giuditta Cordero-Moss",
year = "2011",
doi = "10.1017/CBO9780511667503",
isbn = "9780521197892",

}

RIS (suitable for import to EndNote) - Download

TY - BOOK

T1 - Boilerplate clauses, international commercial contracts and the applicable law

A2 - Cordero-Moss,Giuditta

ED - Cordero-Moss,Giuditta

PB - Cambridge University Press

CY - Cambridge

PY - 2011

Y1 - 2011

N2 - 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.

AB - 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.

U2 - 10.1017/CBO9780511667503

DO - 10.1017/CBO9780511667503

M1 - Book

BT - Boilerplate clauses, international commercial contracts and the applicable law

SN - 9780521197892

ER -

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