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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?

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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?. / Cordero-Moss, Giuditta.

Boilerplate clauses, international commercial contracts and the applicable law. ed. / Giuditta Cordero-Moss. Cambridge : Cambridge University Press, 2011. p. 37-61.

Research output: Chapter in Book/Report/Conference proceedingChapter

Harvard

Cordero-Moss, G 2011, 'Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?'. in G Cordero-Moss (ed.), Boilerplate clauses, international commercial contracts and the applicable law. Cambridge University Press, Cambridge, pp. 37-61.

APA

Cordero-Moss, G. (2011). Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?. In Cordero-Moss, G. (Ed.), Boilerplate clauses, international commercial contracts and the applicable law. (pp. 37-61). Cambridge: Cambridge University Press. doi: 10.1017/CBO9780511667503 , 10.1017/CBO9780511667503.007

Vancouver

Cordero-Moss G. Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?. In Cordero-Moss G, editor, Boilerplate clauses, international commercial contracts and the applicable law. Cambridge: Cambridge University Press. 2011. p. 37-61.

Author

Cordero-Moss, Giuditta / Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?.

Boilerplate clauses, international commercial contracts and the applicable law. ed. / Giuditta Cordero-Moss. Cambridge : Cambridge University Press, 2011. p. 37-61.

Research output: Chapter in Book/Report/Conference proceedingChapter

Bibtex - Download

@inbook{f64b4591a9514d10891e1ace613f851c,
title = "Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?",
publisher = "Cambridge University Press",
author = "Giuditta Cordero-Moss",
year = "2011",
editor = "Giuditta Cordero-Moss",
isbn = "9780521197892",
pages = "37-61",
booktitle = "Boilerplate clauses, international commercial contracts and the applicable law",

}

RIS (suitable for import to EndNote) - Download

TY - CHAP

T1 - Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation?

A1 - Cordero-Moss,Giuditta

AU - Cordero-Moss,Giuditta

PB - Cambridge University Press

CY - Cambridge

PY - 2011

Y1 - 2011

N2 - 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.

AB - 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.

U2 - 10.1017/CBO9780511667503

DO - 10.1017/CBO9780511667503

M1 - Chapter

SN - 9780521197892

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

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

A2 - Cordero-Moss,Giuditta

ED - Cordero-Moss,Giuditta

SP - 37

EP - 61

ER -

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