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Conclusion

Conclusion : the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless

Research output: Chapter in Book/Report/Conference proceedingChapter

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Authors

  • Giuditta Cordero-Moss

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Info

Original languageEnglish
TitleBoilerplate clauses, international commercial contracts and the applicable law
EditorsGiuditta Cordero-Moss
Place of publicationCambridge
PublisherCambridge University Press
Publication date2011
Pages344-373
ISBN (Electronic)9780511667503
ISBN (Print)9780521197892
DOIs
StatePublished

Abstract

The analysis carried out in this book shows that there is a gap between the way in which international contracts are written on the one hand and the way in which they are interpreted and enforced on the other. Contracts are often written as if the only basis for their enforcement were their terms and as if contract terms were capable of being interpreted solely on the basis of their own language. However, as Part 3 of this book showed, the enforcement of contract terms, as well as their interpretation, is the result of the interaction between the contract and the governing law. Considering contracts to be self-sufficient and not influenced by any national law, as if they enjoyed a uniform interpretation thanks to their own language and some international principles, thus proves to be illusionary. This contract practice may lead to undesired legal effects and is not optimal when examined from a legal point of view. Seen from a wider perspective, however, it may turn out to be more advantageous than employing large resources in order to ensure legal certainty.

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