Methodology of Uniform Contract Law : The UNIDROIT Principles in International Legal Doctrine and Practice / by Maren Heidemann.
2007
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Author
Title
Methodology of Uniform Contract Law : The UNIDROIT Principles in International Legal Doctrine and Practice / by Maren Heidemann.
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Edition
1st ed. 2007.
Imprint
Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2007.
Description
XXVI, 230 p. online resource
Formatted Contents Note
General aspects of uniform private law: Jurisprudential categories and purpose
Diversity in the law
Unity through uniform private law
Methods of applying uniform private law within domestic legal systems
Performance of payment obligations in the UPICC
Exemplary application of the UPICC in the context of English law
Exemplary application of the UPICC in the context of German law
The UNIDROIT principles in the conflict of laws
Status quo of transnational law in the conflict of laws
Methods of integration in the general conflict of laws
Methods of integration through commercial arbitration
Conclusion.
Diversity in the law
Unity through uniform private law
Methods of applying uniform private law within domestic legal systems
Performance of payment obligations in the UPICC
Exemplary application of the UPICC in the context of English law
Exemplary application of the UPICC in the context of German law
The UNIDROIT principles in the conflict of laws
Status quo of transnational law in the conflict of laws
Methods of integration in the general conflict of laws
Methods of integration through commercial arbitration
Conclusion.
Summary
Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. The potential of uniform law has not yet been fully recognised. In this book, the author examines uniform contract law comprehensively 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. She suggests ways in which these barriers can be overcome and develops an autonomous methodology of interpretation of transnational contract principles. The author wants to encourage the use of existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts, which are analysed here as an example.
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Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783540444626
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