Methodology of Uniform Contract Law [electronic resource] : The UNIDROIT Principles in International Legal Doctrine and Practice /
Heidemann, Maren.author.
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.
"This book is based on my doctoral thesis, which was accepted by the University of Nottingham in October 2005. New relevant literature has been included up to July 2006, considering current developments and the latest views in legal research"--P. [ix].
Includes bibliographical references (p. [217]-230).
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.
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.
Law of the sea.
International law.
International environmental law.
Trade.
Private international law.
Conflict of laws.
Environmental law.
Environmental policy.
Insurance.
Law of the Sea, Air and Outer Space.
International Environmental Law.
International Economic Law, Trade Law.
Private International Law, International & Foreign Law, Comparative Law .
Environmental Law/Policy/Ecojustice.
Insurance.