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

Giuditta Cordero-Moss

    Research output: Chapter in Book/Report/Conference proceedingChapter

    6 Citations (Scopus)

    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.
    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
    Publication statusPublished - 2011

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  • Cite this

    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 (pp. 37-61). Cambridge University Press. https://doi.org/10.1017/CBO9780511667503, https://doi.org/10.1017/CBO9780511667503.007