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

Boilerplate clauses, international commercial contracts and the applicable law. ed. / Giuditta Cordero-Moss. Cambridge : Cambridge University Press, 2011. p. 344-373.

Research output: Chapter in Book/Report/Conference proceedingChapter

Harvard

Cordero-Moss, G 2011, 'Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless'. in G Cordero-Moss (ed.), Boilerplate clauses, international commercial contracts and the applicable law. Cambridge University Press, Cambridge, pp. 344-373., 10.1017/CBO9780511667503.022

APA

Cordero-Moss, G. (2011). Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless. In G. Cordero-Moss (Ed.), Boilerplate clauses, international commercial contracts and the applicable law. (pp. 344-373). Cambridge: Cambridge University Press. 10.1017/CBO9780511667503.022

Vancouver

Cordero-Moss G. Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless. In Cordero-Moss G, editor, Boilerplate clauses, international commercial contracts and the applicable law. Cambridge: Cambridge University Press. 2011. p. 344-373. Available from: 10.1017/CBO9780511667503.022

Author

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

Boilerplate clauses, international commercial contracts and the applicable law. ed. / Giuditta Cordero-Moss. Cambridge : Cambridge University Press, 2011. p. 344-373.

Research output: Chapter in Book/Report/Conference proceedingChapter

Bibtex - Download

@inbook{71e7fcfe8fc444ac9cdec4fc5d677164,
title = "Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless",
publisher = "Cambridge University Press",
author = "Giuditta Cordero-Moss",
year = "2011",
doi = "10.1017/CBO9780511667503.022",
editor = "Giuditta Cordero-Moss",
isbn = "9780521197892",
pages = "344-373",
booktitle = "Boilerplate clauses, international commercial contracts and the applicable law",

}

RIS (suitable for import to EndNote) - Download

TY - CHAP

T1 - Conclusion

T2 - Boilerplate clauses, international commercial contracts and the applicable law

A1 - Cordero-Moss,Giuditta

AU - Cordero-Moss,Giuditta

PB - Cambridge University Press

CY - Cambridge

PY - 2011

Y1 - 2011

N2 - 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.

AB - 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.

U2 - 10.1017/CBO9780511667503.022

DO - 10.1017/CBO9780511667503.022

M1 - Chapter

SN - 9780521197892

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

A2 - Cordero-Moss,Giuditta

ED - Cordero-Moss,Giuditta

SP - 344

EP - 373

ER -

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