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 proceeding › Chapter
}
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 -