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Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788971058
  • 出版时间 December 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,314.75
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  • 描述 
  • 大纲 
  • 详细

    This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law.

    International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.

    Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.

  • 1. International commercial contracts: autonomy and regulation in a dynamic system of merchant law
    Andrew Hutchison and Franziska Myburgh
    PART I: GENERAL PRINCIPLES OF CONTRACT LAW
    2. On reasonable expectations, interpretive preferences and the ICS principles of interpretation
    Franziska Myburgh
    3. Good faith and the duty to co-operate in long-term contracts
    Lorna Richardson
    4. A lex mercatoria of remedies for breach of contract?
    Harriët N. Schelhaas
    5. An EU perspective on contract law harmonisation
    Bert Keirsbilck
    6. Private international law and choice-of-law clauses
    Faadhil Adams and Thalia Kruger
    7. The UNIDROIT Principles of International Commercial Contracts
    Thomas Krebs
    PART II: MERCHANT CONTRACT FORMS
    8. CISG and Incoterms® : reviving the traditions of the lex mercatoria
    Juana Coetzee
    9. Private ordering, dynamic merchant tradition, and the Uniform Commercial Code
    David L. Finnegan
    10. A history of English marine insurance law: merchants, their practices, the courts and the law
    Jeffrey Thomson
    11. From the book of lading to blockchain bills of lading: dynamic merchant tradition and private ordering
    Livashnee Naidoo
    12. Negotiable instruments as instruments of payment in international trade
    Charl Hugo
    13. Harmonizing international secured transactions law
    Reghard Brits
    14. Agency law: continuity and change
    Laura Macgregor
    PART III: NEW FRONTIERS
    15. Online contracting in an international commercial context
    Sieg Eiselen
    16. The chimera of smart contracts
    Manuel A Gomez
    Index

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