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Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?

Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?

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Authors

  • Giuditta Cordero-Moss

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Original languageEnglish
Title of host publicationBoilerplate clauses, international commercial contracts and the applicable law
EditorsGiuditta Cordero-Moss
Place of PublicationCambridge
PublisherCambridge University Press
Pages37-61
ISBN (Electronic)9780511667503
ISBN (Print)9780521197892
DOIs
StatePublished - 2011

Abstract

Before turning to how the various national laws may affect the interpretation and application of an international contract (which will be the subject of Part 3 of this book), some methodological questions must be addressed. Should an international contract be governed by a national law different from the one that inspired its drafting? Should an international contract be governed by a national law at all? Rather, should not an international contract be subject to a harmonised, transnational law? The thesis of this chapter is that the applicable law should be chosen according to the general conflict rules, even though this would lead to a situation where the contract is governed by a law different from the law that inspired it. Furthermore, the contract is ultimately subject to a state law, even though the underlying transaction is international.

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