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.
Table des matières
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.
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