Interpretation of Contracts in Comparative and Uniform Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511044
Total Pages : 328 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Interpretation of Contracts in Comparative and Uniform Law by : Ahmet Cemil Yildirim

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.

Contract Interpretation in Investment Treaty Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh

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.

Comparative Contract Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198728735
Total Pages : 513 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Comparative Contract Law by : Larry A. DiMatteo

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.

Comparative Contract Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369172
Total Pages : 576 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Contract Law by : Pier Giuseppe Monateri

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.

Contract Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178536877X
Total Pages : 320 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Contract Law by : Jan M. Smits

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.

Common Features of Uniform Commercial Law Conventions

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Author :
Publisher :
ISBN 13 : 9783935808286
Total Pages : 344 pages
Book Rating : 4.8/5 (82 download)

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Book Synopsis Common Features of Uniform Commercial Law Conventions by : Marco Torsello

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:

Comparative Contract Law, Second Edition

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975472
Total Pages : 640 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Comparative Contract Law, Second Edition by : Thomas Kadner Graziano

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.

Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030543226
Total Pages : 408 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law by : Alejandro Garro

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.

Comparative Law in Practice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782257225
Total Pages : 208 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Comparative Law in Practice by : Duncan Fairgrieve

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.

Contracts for the Sale of Goods

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0195333497
Total Pages : 464 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Contracts for the Sale of Goods by : Henry Deeb Gabriel

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.

Elements of Contract Interpretation

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195337492
Total Pages : 251 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Elements of Contract Interpretation by : Steven J. Burton

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.

The Interpretation of Contracts

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Author :
Publisher :
ISBN 13 : 9780414062719
Total Pages : pages
Book Rating : 4.0/5 (627 download)

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Book Synopsis The Interpretation of Contracts by : Kim Lewison

Download or read book The Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2017-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Future of Contract Law in Latin America

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914269
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Contract Law in Latin America by : Rodrigo Momberg

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.

The Interpretation of Contracts

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis The Interpretation of Contracts by :

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:

Comparative Contract Law

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Author :
Publisher : Routledge
ISBN 13 : 1000522156
Total Pages : 207 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Comparative Contract Law by : Ermanno Calzolaio

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.

Comparative Contract Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800373678
Total Pages : 755 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Comparative Contract Law by : Thomas Kadner Graziano

Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.

Contract Law

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Author :
Publisher : Business Expert Press
ISBN 13 : 1631579282
Total Pages : 206 pages
Book Rating : 4.6/5 (315 download)

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Book Synopsis Contract Law by : Claire-Michelle Smyth

Download or read book Contract Law written by Claire-Michelle Smyth and published by Business Expert Press. This book was released on 2018-07-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract-from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions-those that incorporate elements of both the common law and civilian traditions. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law, as well as to speak confidently when discussing the intricacies of the subject.