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Books > Law > Jurisprudence & general issues > Comparative law
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Interpretation of Commercial Contracts in European Private Law (Paperback)
Loot Price: R4,165
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Interpretation of Commercial Contracts in European Private Law (Paperback)
Series: Common Core of European Private Law, 1
Expected to ship within 12 - 19 working days
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This book presents a unique and extensive comparative study of
commercial contract interpretation across 14 selected
jurisdictions, namely Croatia, England and Wales, Finland, France,
Germany, Greece, Italy, The Netherlands, Poland, Portugal,
Scotland, South Africa, Spain and Sweden. Using a dynamic
comparative case method, the focus is centered on the discussion of
key legal problems, further examined in a detailed and
comprehensive comparative analysis. In this way, the book makes
important advancements in the general understanding of contract
interpretation in European private law in three respects. First, it
enriches the conventional conceptual framework for the methods of
contract interpretation by distinguishing between interpretation
aims and means. Second, it challenges the presumptive division of
common law and civil law jurisdictions, for example, the assumption
that civil systems follow a subjective approach and common law
systems an objective approach to interpretation of contract. Third,
the book provides a more subtle analysis of the role of standards
of 'good faith' in contract interpretation. A common core of
contract interpretation in European private law that is inferred
from the national reports is that every legal system strives to
reach a compromise between staying true to the intentions of the
parties, assessing what a reasonable person would understand from
the contract drafting, and preventing outcomes that are unfair or
unjust. Each court draws on the material available to it in order
to reach this compromise. Conversely, the differences between the
jurisdictions pertain to what constitutes a common intention
between the contracting parties and reasonableness, and what the
appropriate methods are by which these could best be ascertained.
Here, the jurisdictions reveal a variety of conceptual, doctrinal
and pragmatic similarities and distinctions. Contributions written
from law and economics, and European private law perspectives place
the key legal issues into context and make Interpretation of
Commercial Contracts in European Private Law a coherent and
valuable resource for academics and practitioners with a European
or international focus.
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