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Boilerplate Clauses, International Commercial Contracts and the Applicable Law (Hardcover)
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Boilerplate Clauses, International Commercial Contracts and the Applicable Law (Hardcover)
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With the aim of creating an autonomous regime for the
interpretation and application of the contract, boilerplate clauses
are often inserted into international commercial contracts without
negotiations or regard for their legal effects. The assumption that
a sufficiently detailed and clear language will ensure that the
legal effects of the contract will only be based on the contract,
as opposed to the applicable law, was originally encouraged by
English courts, and today most international contracts have these
clauses, irrespective of the governing law. This collection of
essays demonstrates that this assumption is not fully applicable
under systems of civil law, because these systems are based on
principles, such as good faith and loyalty, which contradict this
approach.
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