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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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Info

Original languageEnglish
TitleBoilerplate clauses, international commercial contracts and the applicable law
EditorsGiuditta Cordero-Moss
Place of publicationCambridge
PublisherCambridge University Press
Publication date2011
Pages37-61
ISBN (Electronic)9780511667503
ISBN (Print)9780521197892
DOIs
StatePublished

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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