Methodology Of Uniform Contract Law
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Author | : Maren Heidemann |
Publisher | : Springer Science & Business Media |
Total Pages | : 246 |
Release | : 2007-02-23 |
Genre | : Law |
ISBN | : 3540444629 |
This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
Author | : Yuliya Chernykh |
Publisher | : BRILL |
Total Pages | : 629 |
Release | : 2022-01-17 |
Genre | : Law |
ISBN | : 9004414703 |
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author | : Francisco de Elizalde |
Publisher | : Bloomsbury Publishing |
Total Pages | : 302 |
Release | : 2018-06-28 |
Genre | : Law |
ISBN | : 150991630X |
Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
Author | : John Honnold |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 762 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041127534 |
În explicit recognition of Professor Honnold's unique understanding of the Convention's development and the issues that occupied those who drafted and finalized the text, the substantial new textual material incorporated into this new edition is set in bold italics, allowing the reader to distinguish the work of the editor from text preserved from earlier editions, and thus identifying the material that carries Professor Honnold's special authority. Over three decades Professor Honnold's almost intuitive grasp of the instrument has guided governments, tribunals, scholars and practitioners towards an enlightened international understanding of the treaty. This new edition provides tribunals, practitioners, and scholars with even more invaluable insights into the meaning of each article of the Convention.
Author | : Maren Heidemann |
Publisher | : Bloomsbury Publishing |
Total Pages | : 560 |
Release | : 2018-11-14 |
Genre | : Law |
ISBN | : 150995855X |
Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline. Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.
Author | : Mary Elizabeth Hiscock |
Publisher | : Edward Elgar Publishing |
Total Pages | : 353 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 1849806799 |
This insightful book explores the acute challenges presented by the .internationalisation. of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation throughtheir extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original andtheir different proposals for dealing with the challenges are both practical and at times, radical.
Author | : Boris Praštalo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 266 |
Release | : 2020-04-06 |
Genre | : Law |
ISBN | : 9403520752 |
More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG) recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale but uniformity in the treaty’s application remains unsettled and controversial. This book, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application. The practical implications to be found in this book emerge from deeply informed discussion of such issues and topics as the following: causes of non-uniformity, whether based on overall scope or on particular CISG provisions; detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG; effectiveness of implemented tools to combat non-uniform application; problems arising from trading imbalances between developed and developing countries; and proposed efforts to promote uniform application. Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of existing and proposed tools. Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, the book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.
Author | : Elise Bant |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-09-02 |
Genre | : Law |
ISBN | : 1139491105 |
Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.
Author | : Nils Jansen |
Publisher | : Oxford University Press |
Total Pages | : 2379 |
Release | : 2018-07-12 |
Genre | : Law |
ISBN | : 0192508008 |
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author | : John Honnold |
Publisher | : |
Total Pages | : 586 |
Release | : 1989 |
Genre | : Export sales contracts |
ISBN | : |