Download or read book Interpretation of Contracts in Comparative and Uniform Law written by Ahmet Cemil Yildirim and published by Kluwer Law International B.V.. This book was released on 2019-05-14 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book comprises the collected and revised papers from a conference on comparative British and American contract law, held at the University of Edinburgh Law School in September 2013"--Preface.
Download or read book Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
Download or read book Contract Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.
Download or read book Common Features of Uniform Commercial Law Conventions written by Marco Torsello and published by . This book was released on 2004 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law written by Jan M Smits and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Unlike most other texts _ which tend either to introduce students to the national contrac
Download or read book Comparative Contract Law Second Edition written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.
Download or read book Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law written by Alejandro Garro and published by Springer Nature. This book was released on 2020-11-03 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.
Download or read book Contracts for the Sale of Goods written by Henry Deeb Gabriel and published by Oxford University Press, USA. This book was released on 2009 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for the Sale of Goods delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISF) and the cases that have addressed and interpreted the CISG. Contracts for the Sale of Goods provides a complete discussion and comparison of the UNIDROIT Principles of International Commercial Contracts including the new provisions on setoff, assignment, and limitation periods, as well as a comparative treatment of the CISG and the UNIDROIT Principles to the articles of the Uniform Commercial Code. Both practitioners and academics will find the clarity and ease of access useful to the comparative legal analysis in this book. Of particular note is the style and format which allows the reader to find the relevant provisions and cross-references quickly and accurately. Contracts for the Sale of Goods provides you with all relevant materials in one source, with the text following the structure of the Convention for clarity and convenience Access the Incoterms 2000, the complete texts of Article Two and the PIC, and a list of parties to the CISG. Moreover, the text is structured to provide the answers first, then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired.
Download or read book Comparative Law in Practice written by Duncan Fairgrieve and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.
Download or read book The Interpretation of Contracts written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation of Contracts
Download or read book Elements of Contract Interpretation written by Steven J. Burton and published by Oxford University Press. This book was released on 2009 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
Download or read book Uniform Law for International Sales written by John Honnold and published by Springer. This book was released on 1991-05-28 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a comprehensive commentary on the history, analysis & interpretation of the Bilateral Investment Treaties (BITs). These treaties are intended to protect U.S. investment in foreign countries. Although the initial target of the BITs was to develop countries in the third world, the opening of Eastern Europe has led to BIT negotiations in that region as well. United States Investment Treaties: Policy & Practice analyzes the policies underlying the BIT program; describes how the BIT program differs from prior U.S. practice with respect to foreign investment protection; explains the intent of specific provisions in the various model negotiations texts; assesses the extent to which the negotiations of the individual signed BITs resulted in a substantive modification of provisions of the model negotiating texts & thus a departure from the intent of the drafters. This book deals with a topic of increasing interest to businesses with operations in foreign countries & to attorneys advising these companies.
Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.
Download or read book Comparative Contract Law written by Ermanno Calzolaio and published by Routledge. This book was released on 2022-01-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.
