Research handbook on international commercial contracts / edited by Andrew Hutchison (Associate Professor, Department of Commercial Law, University of Cape Town and Franziska Myburgh, Senior Lecturer, Department of Private Law, University of Stellenbosch, South Africa).
2020
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Title
Research handbook on international commercial contracts / edited by Andrew Hutchison (Associate Professor, Department of Commercial Law, University of Cape Town and Franziska Myburgh, Senior Lecturer, Department of Private Law, University of Stellenbosch, South Africa).
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Imprint
Northampton : Edward Elgar Publishing, 2020.
Description
1 online resource (368 pages).
Series
Research handbooks in private and commercial law.
Formatted Contents Note
Contents: List of contributors
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.
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.
Summary
"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"-- Provided by publisher.
Note
Includes index.
Bibliography, etc. Note
Includes bibliographical references.
Source of Description
Description based on print record.
Location
www
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Alternate Title
Elgaronline.
Language
English
ISBN
9781788971065 (e-book)
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