Contract Interpretation And Gap Filling
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Contract Interpretation And Gap Filling
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Author : Nicole Kornet
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2006
Contract Interpretation And Gap Filling written by Nicole Kornet and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
What happens when contracting parties do not expressly provide for a particular situation in their agreement? Is intervention by the courts or legislature to fill gaps in contracts justified? How should those gaps be filled? This book is unique in the way it combines comparative and theoretical perspectives to provide answers to these questions. From a comparative law perspective, relatively little attention has been given to the different interpretative and gap filling techniques available in different legal systems. A comparison of the approach to contract interpretation and gap filling in England, Germany and the Netherlands is therefore provided in this book. Comparative observations are also made in light of the CISG, PECL and the Unidroit Principles for International Commercial Contracts. This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled. The final part of this book builds on the comparative and theoretical perspectives to develop an interpretative and gap filling strategy that combines responses from contracting parties, the contracting community, the legislature and the courts.
Interpretation And Gap Filling In International Commercial Contracts
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Author : Ayse Nihan Karadayi Yalim
language : en
Publisher:
Release Date : 2019
Interpretation And Gap Filling In International Commercial Contracts written by Ayse Nihan Karadayi Yalim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Commercial law categories.
With the growth of cross-border business, the rather important but complex and controversial topic of interpretation and gap filling in international commercial contracts receives more and more attention. International legal instruments such as CISG, UNIDROIT Principles, PECL and DCFR provide rules in order to interpret international commercial contracts in a uniform way. However, while these instruments may bring together already existing national concepts, they must of course be understood beyond the domestic concepts and approaches as such. This book is an autonomous comparison across the above-mentioned international legal instruments, with a focus on the rules on interpretation and gap filling that provides the necessary theoretical background and case law to understand the rules in practice. Interpretation and Gap Filling in International Commercial Contracts examines the uniform and harmonised set of rules in their own right; without comparison to national laws, but in their own unique setting of international commercial contracts. It is a practical user guide for both scholars and practitioners. Dr Ayse Nihan Karadayi is a postdoctoral researcher on international contract law at the University of Antwerp, Belgium.
Chinese Contract Law
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2006
Chinese Contract Law written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.
The Draft Uncitral Digest And Beyond
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
The Draft Uncitral Digest And Beyond written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: International Litigation in Press
Release Date : 2022
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by International Litigation in Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Chinese Contract Law Theory Practice Second Edition
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2019-12-16
Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
Contract Law And Contract Practice
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Author : Catherine E Mitchell
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Contract Law And Contract Practice written by Catherine E Mitchell and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law
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Author : John Felemegas
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law written by John Felemegas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.