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

doi:10.1017/CBO9780511667503

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 proceeding › Chapter

18 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 language	English
Title of host publication	Boilerplate clauses, international commercial contracts and the applicable law
Editors	Giuditta Cordero-Moss
Place of Publication	Cambridge
Publisher	Cambridge University Press
Pages	37-61
ISBN (Electronic)	9780511667503
ISBN (Print)	9780521197892
DOIs	https://doi.org/10.1017/CBO9780511667503 https://doi.org/10.1017/CBO9780511667503.007
Publication status	Published - 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

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

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. ",

author = "Giuditta Cordero-Moss",

year = "2011",

doi = "10.1017/CBO9780511667503",

language = "English",

isbn = "9780521197892",

pages = "37--61",

editor = "Giuditta Cordero-Moss",

booktitle = "Boilerplate clauses, international commercial contracts and the applicable law",

publisher = "Cambridge University Press",

address = "United Kingdom",

}