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Letter of Intent in International Contracting provides readers with
a unique point of reference on the legal effects of letter of
intent the document frequently used in international transactions.
Firstly, the book takes a fresh look at trade usages in
negotiations of international contracts.It integrates the view of
negotiations as strategies and tactics (well-known in business, but
largely disregarded by the law) with the legal analysis. Secondly,
it discusses in turn those provisions frequently used in letter of
intent and comments on them based on a thorough comparative
research of four jurisdictions: the Netherlands, France, England
and Wales, and United States. The discussion of French law is based
on the recent reform of the French law of obligations which
significantly modified the French Code civil in 2016. At the
international level, the study addresses the 1980 Vienna Convention
on the International Sale of Goods and international soft law:
UNIDROIT Principles of International Commercial Contracts 2010,
Principles of European Contract Law, and the Draft Common Frame of
Reference. The book is a result of doctoral research conducted at
the Erasmus University Rotterdam.This book is relevant to legal
practitioners working in the field of international contracts as
well as to scholars and policy makers concerned with harmonization
of law based on non-binding principles and business practices.
The French projet d'ordonnance, which reformed contract law, the
general regime of obligations and the proof of obligations appeared
in February 2015. One year later, in February 2016, the final
version of the ordonnance was published. The ordonnance thoroughly
reforms French contract law and the law of obligations and will
enter into force in October 2016.This book results from the
Contract Law Workshop of the 20th Ius Commune Conference held 26-27
November 2015. The theme of this Workshop was: 'The French Contract
Law Reform: a Source of Inspiration?' Since the conference in
November 2015, all authors have incorporated comments on the final
version of the ordonnance. Whereas Van Loock briefly sketches the
antecedents and the outcome of the reform, the other authors each
tackle specific topics of the reform that surprised and/or excited
the legal community. Pannebakker tackles the precontractual phase
and assesses the attractiveness of the reform for international
commercial transactions. Peeraer gives a critical overview of the
doctrine of nullity in the ordonnance. Leone explores the potential
impact of the 'significant imbalance' test in the new ordonnance on
employment contracts. In their contributions, Lutzi and Oosterhuis
discuss the much-debated provision that introduces the theory of
imprvision. The contributions by Jansen and Verkempinck are both
focused on remedies: the newly introduced price reduction remedy
and damages. Storme criticises the new rules on set-off in the
ordonnance, and Mah addresses the question why the final version of
the ordonnance omitted the issue of interpersonal effects of
fundamental rights on contractual freedom.
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