Author: Maren Heidemann
Publisher: Springer Science & Business Media
ISBN: 3540444629
Category : Law
Languages : en
Pages : 246
Book Description
This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
Methodology of Uniform Contract Law
Author: Maren Heidemann
Publisher: Springer Science & Business Media
ISBN: 3540444629
Category : Law
Languages : en
Pages : 246
Book Description
This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
Publisher: Springer Science & Business Media
ISBN: 3540444629
Category : Law
Languages : en
Pages : 246
Book Description
This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
Common Features of Uniform Commercial Law Conventions
Author: Marco Torsello
Publisher:
ISBN: 9783935808286
Category : Commercial law
Languages : en
Pages : 344
Book Description
Publisher:
ISBN: 9783935808286
Category : Commercial law
Languages : en
Pages : 344
Book Description
CISG Methodology
Author: André Janssen
Publisher: Walter de Gruyter
ISBN: 3866537220
Category : Law
Languages : en
Pages : 408
Book Description
The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.
Publisher: Walter de Gruyter
ISBN: 3866537220
Category : Law
Languages : en
Pages : 408
Book Description
The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.
Contract Law in Modern Society
Author: John Howard Jackson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1498
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1498
Book Description
Contract Law and Theory
Author: Robert E. Scott
Publisher:
ISBN: 9780820556291
Category : Contracts
Languages : en
Pages : 262
Book Description
Publisher:
ISBN: 9780820556291
Category : Contracts
Languages : en
Pages : 262
Book Description
Interpretation of Contracts in Comparative and Uniform Law
Author: Ahmet Cemil Yildirim
Publisher: Kluwer Law International B.V.
ISBN: 9403511044
Category : Business & Economics
Languages : en
Pages : 328
Book Description
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.
Publisher: Kluwer Law International B.V.
ISBN: 9403511044
Category : Business & Economics
Languages : en
Pages : 328
Book Description
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.
Comparative Contract Law
Author: Thomas Kadner Graziano
Publisher: Edward Elgar Publishing
ISBN: 1800373678
Category : Law
Languages : en
Pages : 755
Book Description
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.
Publisher: Edward Elgar Publishing
ISBN: 1800373678
Category : Law
Languages : en
Pages : 755
Book Description
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.
Rules of Contract Law
Author: Charles L. Knapp
Publisher:
ISBN: 9780735551411
Category : Law
Languages : en
Pages : 364
Book Description
Publisher:
ISBN: 9780735551411
Category : Law
Languages : en
Pages : 364
Book Description
K
Author: Tracey E. George
Publisher: Aspen Publishing
ISBN: 1543823459
Category : Law
Languages : en
Pages : 972
Book Description
The perfect casebook for the modern Contracts course. This highly-focused, case-based text offers a comprehensive treatment of the basic issues of contract law and emphasizes development of analogical reasoning skills. Each section is limited to three types of materials (brief narrative, judicial opinions, and discussion problems) and is designed to teach students how to read opinions, analyze issues, distinguish material from immaterial facts, and apply holdings to similar problems. New to the Third Edition: New discussion problems have been added throughout the book to better enable the students to apply the material learned from the principle cases to new factual situations and then learn how judges have dealt with those situations. New narrative material, cases, and discussion problems have been added on the topic of contract interpretation, the most common source of contract law disputes. Professors and student will benefit from: Lean, focused text with a 2-color design that can be taught, cover-to-cover, in a one-semester course Sections that are limited to three types of materials (brief narrative, judicial opinions, and discussion problems), which best promote the teaching and learning of the method of legal reasoning Both classic and contemporary cases are edited to include sufficient background and reasoning for students to analyze the court’s decision Discussion problems present summarized facts from real cases
Publisher: Aspen Publishing
ISBN: 1543823459
Category : Law
Languages : en
Pages : 972
Book Description
The perfect casebook for the modern Contracts course. This highly-focused, case-based text offers a comprehensive treatment of the basic issues of contract law and emphasizes development of analogical reasoning skills. Each section is limited to three types of materials (brief narrative, judicial opinions, and discussion problems) and is designed to teach students how to read opinions, analyze issues, distinguish material from immaterial facts, and apply holdings to similar problems. New to the Third Edition: New discussion problems have been added throughout the book to better enable the students to apply the material learned from the principle cases to new factual situations and then learn how judges have dealt with those situations. New narrative material, cases, and discussion problems have been added on the topic of contract interpretation, the most common source of contract law disputes. Professors and student will benefit from: Lean, focused text with a 2-color design that can be taught, cover-to-cover, in a one-semester course Sections that are limited to three types of materials (brief narrative, judicial opinions, and discussion problems), which best promote the teaching and learning of the method of legal reasoning Both classic and contemporary cases are edited to include sufficient background and reasoning for students to analyze the court’s decision Discussion problems present summarized facts from real cases
Contract Law and Legal Methods
Author: Daniel Markovits
Publisher: Foundation Press
ISBN: 9781609301781
Category : Contracts
Languages : en
Pages : 1705
Book Description
Publisher: Foundation Press
ISBN: 9781609301781
Category : Contracts
Languages : en
Pages : 1705
Book Description