Description

Book Synopsis
With the growth of cross-border business, the rather important but complex and controversial topic of interpretation and gap filling in international commercial contracts receives more and more attention. International legal instruments such as CISG, UNIDROIT Principles, PECL and DCFR provide rules in order to interpret international commercial contracts in a uniform way. However, while these instruments may bring together already existing national concepts, they must of course be understood beyond the domestic concepts and approaches as such. This book is an autonomous comparison across the above-mentioned international legal instruments, with a focus on the rules on interpretation and gap filling that provides the necessary theoretical background and case law to understand the rules in practice. Interpretation and Gap Filling in International Commercial Contracts examines the uniform and harmonised set of rules in their own right; without comparison to national laws, but in their own unique setting of international commercial contracts. It is a practical user guide for both scholars and practitioners.

Table of Contents
General and Specific Rules on Interpretation (p. 5) Specific Rules of Interpretation (p. 79) Good Faith and Fair Dealing and Contract Interpretation (p. 97) Gap Filling in the PICC, CISG, PECL and DCFR (p. 131) Conclusion (p. 185) Bibliography (p. 199)

Interpretation and Gap Filling in International

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    A Paperback / softback by Ayse Nihan Karadayi Yalim

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      Publisher: Intersentia Ltd
      Publication Date: 22/11/2019
      ISBN13: 9781780688084, 978-1780688084
      ISBN10: 1780688083

      Description

      Book Synopsis
      With the growth of cross-border business, the rather important but complex and controversial topic of interpretation and gap filling in international commercial contracts receives more and more attention. International legal instruments such as CISG, UNIDROIT Principles, PECL and DCFR provide rules in order to interpret international commercial contracts in a uniform way. However, while these instruments may bring together already existing national concepts, they must of course be understood beyond the domestic concepts and approaches as such. This book is an autonomous comparison across the above-mentioned international legal instruments, with a focus on the rules on interpretation and gap filling that provides the necessary theoretical background and case law to understand the rules in practice. Interpretation and Gap Filling in International Commercial Contracts examines the uniform and harmonised set of rules in their own right; without comparison to national laws, but in their own unique setting of international commercial contracts. It is a practical user guide for both scholars and practitioners.

      Table of Contents
      General and Specific Rules on Interpretation (p. 5) Specific Rules of Interpretation (p. 79) Good Faith and Fair Dealing and Contract Interpretation (p. 97) Gap Filling in the PICC, CISG, PECL and DCFR (p. 131) Conclusion (p. 185) Bibliography (p. 199)

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