Interpretation of Contracts in Comparative and Uniform Law
Interpretation of Contracts in Comparative and Uniform Law examines major legal systems and uniforms law on the basis of resources particular to that legal system through the presentation of relevant case laws and discussions in the literature, ultimately drawing some conclusions on the general trends that can be identified in comparative law relating to all the common discussions. 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 individual legal systems and uniform laws becomes an essential resource.
What’s in this book:
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 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 usage.
The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts.
How this will help you:
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 laws in the legal systems and uniform law texts most commonly used as governing law in international disputes. Corporate counsel, scholars and academics will find this book as a secondary source for research of the historical development and policy outcomes of the decisions of lawmakers.
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List of Abbreviations
Historical Development of the Principles of the Interpretation of Contracts
Interpretation of Contracts in Comparative Law
Interpretation of Contracts in Uniform Law
Final Remarks on General Tendencies in Comparative and Uniform Law on the Interpretation of Contracts
Table of Cases