bluuebunny/crossref_metadata_2025_split huggingface dataset:
Phylogenetics in biology and linguistics
Authors: Borchsenius Finn , Daval-Markussen Aymeric , Bakker Peter 
Published: June 2017

Abstract
The main goal of this chapter is to introduce the reader to the parallels and commonalities that exist between the fields of biology and linguistics. Researchers from both fields faced similar problems when seeking to account for the descent and diversification of related entities (species, languages). Therefore, they often sought mutual inspiration and opted for similar solutions. This has resulted in a convergence of models and methods in both fields. This chapter is divided into two parts. Firstly, we review some of the methodological and conceptual developments that have occurred in biology since the emergence of the field of evolutionary biology. There will be an emphasis on the last decade, where a variety of computer-based analyses have been developed. To illustrate the benefits of these tools, phylogenetic methods are applied in the second part of the chapter to a group of high-contact languages (creoles), which have long defied attempts at classification due to their multiple ancestry.
The typology and classification of French-based creoles
Authors: Daval-Markussen Aymeric 
Published: June 2017

Abstract
The main aim of this chapter is to examine the internal relationships of several French-based creoles and to provide a classification of these languages, a problem that has been left unsolved (or only partially solved) by creolists so far. We show that the issue can be tackled with a phylogenetic approach based on a selection of lexical and structural features, resulting in suggestive patterns on the connections between the various creoles in the sample. An advantage in using phylogenetic methods is that it also allows us to assess the relative degree of divergence of a creole from its lexifier. Therefore, French was added to the sample of French-based creoles. The results obtained using this method are largely in accordance with previous attempts from various scholars and show that the application of phylogenetic tools to the study of contact languages can complement traditional methods.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.1, which deals with freedom of contract, the most important fundamental principle of contract law for contracts governed by the UNIDROIT Principles of International Commercial Contracts (PICC). Art 1.1 restates a general principle of law in the technical sense; that is, a principle common to the laws of all — or at least most — jurisdictions in the world. All modern contract laws recognize freedom of contract, albeit for different reasons and to varying degrees. Art 1.1 covers two aspects of contractual freedom: the first is the freedom to decide whether to conclude a contract at all, and with whom; the second is the freedom to contract on the terms desired by the parties. Limitations of the freedom to determine the content of the contract follow from mandatory rules of the PICC.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.2, which spells out a fundamental principle of contract law: the principle of freedom from form, or ‘principle of informality’. No contract, statement, or other act made under the UNIDROIT Principles of International Commercial Contracts (PICC) requires a particular formality in order to be valid and enforceable; it is sufficient if these are made orally or by mere conduct. While the PICC admit for exceptions to some of their other fundamental contract law principles, the principle of freedom from form is executed in the purest form possible. It applies to the formation of contracts as well as to their subsequent modification and termination, it is reinforced by Art 3.1.2, and there is not a single exception to it. Art 1.2 covers relevant and mandatory formal requirements, formal requirements agreed by the parties, and the concept of ‘writing’.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) regarding a fundamental principle of contract law: the principle of bindingness of contract, also known as ‘sanctity of contract’ or pacta sunt servanda — contracts validly concluded under the law are enforced by the law. The underlying rationale of the principle of bindingness of contract, and thus of Art 1.3, may be contested in contract theory. The bindingness of contracts allows parties to arrange their affairs and thus promotes legal certainty. The contract is only binding ‘upon the parties’. Persons who are not a party to the contract are not bound by it: an agreement of the parties to make a contract for the detriment of a third person is not valid. This commentary considers the implications of and exceptions to the principle of bindingness.
Authors: Cuniberti Gilles 
Published: June 2017

Abstract
This commentary focuses on Article 1.4, which clarifies the relationship between the UNIDROIT Principles of International Commercial Contracts (PICC) and mandatory rules originating from sources external to the PICC. Mandatory rules are rules which cannot be derogated from by the parties, and are therefore mandatory for them. The typical rationale for making certain rules mandatory is to protect weaker parties or the public interest. Mandatory rules can be of two kinds: domestic mandatory rules and international mandatory rules. Art 1.4 covers relevant rules of private international law, choice of law rules applicable in court proceedings, arbitral tribunals, and origin of mandatory rules. It also discusses the applicability of the PICC to international contracts that include an arbitration clause, along with the application of mandatory rules by arbitral tribunals in relation to the doctrine of transnational public policy.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.6, which provides a number of broad interpretative guidelines for the interpretation and the supplementation of the UNIDROIT Principles of International Commercial Contracts (PICC). The provision does not purport to set forth a complete set of detailed rules and principles of contractual interpretation. It simply highlights some interpretative elements that are of particular importance in the context of international uniform law. The interpretation of a PICC article is concerned with determining whether a given set of facts falls within the scope of application of such article and therefore triggers the legal consequences spelt out in the provision. Art 1.6 outlines the international character and autonomous interpretation of the PICC, criteria of interpretation, weight of the interpretative criteria, issues within the scope of the PICC but not expressly settled by them, and ‘settling the issue’.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC), which states that a party cannot act inconsistently with an understanding it has caused the other party to have and upon which that other party reasonably has acted in reliance to its detriment. A party that behaves inconsistently within the meaning of Art 1.8 acts in bad faith. Therefore, Art 1.8 can be seen as the most general of the various specific applications of the general obligation to act in accordance with good faith and fair dealing — spelled out in Art 1.7 — that are contained in the black letter rules of the PICC. Art 1.8 covers the requirements for inconsistent behaviour, remedies for inconsistent behaviour, and exclusions or limitations of the provision on inconsistent behaviour.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.9 of the UNIDROIT Principles of International Commercial Contracts (PICC), which stipulates requirements for the bindingness of usages or practices established between the parties. Art 1.9 does not provide criteria for ascertaining the existence of such usages or practices, but rather presupposes their existence. The parties are bound by any usage to which they have agreed and by any practices which they have established between themselves. The parties are also bound by a usage that is widely known to and regularly observed in international trade by parties in the particular trade concerned except where the application of such a usage would be unreasonable. Art 1.9 also addresses burden of proof as a requirement for parties that claim that an established practice is binding.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.10, which deals with the effectiveness of notices provided under the UNIDROIT Principles of International Commercial Contracts (PICC). A notice refers to any communication of intention. By way of example, the paragraph lists declarations, demands, and requests. The notice must be ‘required’ under the PICC; that is, a provision of the instrument must attach certain legal consequences to the giving of the notice. Art 1.10 establishes a single regime for all types of notice which has two main features. In order to be effective, notices are not subject to any requirement as to form. However, they must be received by the addressee. Art 1.10 also explains the burden of proof concerning the party that relies on the effectiveness of its own notice and the party that relies on the effectiveness of the other party's notice.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 1.12 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning holidays and time zones and their effect on periods of time set by the parties. Official holidays and non-business days are included in the computation of periods and have no effect on the duration of the period according to Art 1.12(1), unless the parties agree otherwise, such as by referring specifically to ‘working days’. Holidays and non-business days, however, become relevant if the last day of the period falls on such a day. The determination of the applicable time zone may be of crucial importance, in particular where international contracts are concluded across continents. The relevant time zone does not necessarily predetermine the hour format that needs to be used.
Authors: Nottage Luke 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.1, which stipulates that a contract may be concluded either by acceptance of an offer or by conduct of the parties that is sufficient to show agreement. This provision reflects the neoclassical approach of the UNIDROIT Principles of International Commercial Contracts (PICC) to contract law, maximizing the parties' freedom to negotiate until they agree to contract on certain terms, by expressly mentioning that one means of concluding a contract is by conduct of the parties that is ‘sufficient’ (that is, definite enough) to ‘show agreement’. Art 2.1.1 broke new ground among transnational contract instruments in providing expressly for contract formation to be evidenced simply through conduct sufficient to show agreement. It also stresses the burden of proof necessary in contract formation.
Authors: Nottage Luke 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the revocation of an offer. Art 2.1.4 stipulates that until a contract is concluded an offer may be revoked if the revocation reaches the offeree before it has dispatched an acceptance. However, an offer cannot be revoked if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer. Art 2.1.4 explains irrevocability indicated by the offer and irrevocability due to reasonable reliance.
Authors: Anderson Ross G 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the mode of acceptance of an offer. Art 2.1.6 stipulates that a statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance. Acceptance of an offer becomes effective when the indication of assent reaches the offeror. However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act without notice to the offeror, the acceptance is effective when the act is performed. Art 2.1.6 explains explicit and implicit indication of assent, silence or inactivity as acceptance, effectiveness of acceptance, order of communications and labels, and burden of proof.
Authors: Anderson Ross G 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the time of acceptance of an offer. Art 2.1.7 stipulates that an offer must be accepted within the time the offeror has fixed or, if no time is fixed, within a reasonable time having regard to the circumstances, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise. Offers are thus transitory indications of assent. Art 2.1.7 discusses the default time of acceptance with respect to oral offers and acceptance inter absentes, as well as the burden of proof concerning time of acceptance.
Authors: Anderson Ross G 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.11 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning modified acceptance of an offer. Art 2.1.11 stipulates that a reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer. However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects to the discrepancy. If the offeror does not object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance. Art 2.1.11 also addresses the burden of proof with respect to the discrepancy between offer and acceptance.
Authors: Anderson Ross G 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.13 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the conclusion of a contract. Art 2.1.13 deals with two separate aspects of formation during pre-contractual negotiations: agreement on specific matters of content, and agreement is concluded only if the agreement is concluded in a specific form. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. This commentary compares conditional contracts and fundamental prerequisites and concludes with a discussion of particular formalities relating to the conclusion of a contract.
Authors: Anderson Ross G 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contracts with terms deliberately left open. Art 2.1.14 permits the contract to have effect notwithstanding the fact that particular terms have been left open for future agreement. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. This commentary discusses present intention to be bound despite open terms, resolving disputes on open terms, and burden of proof relating to disputes over the existence of a contract despite open terms.
Authors: Zuloaga Rios Isabel 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.16 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning duty of confidentiality. Art 2.1.16 deals with the disclosure of sensitive orr confidential information by one or both parties in relation to the transaction and the potential use (or misuse) that the other party can make of such information, recognizing that a duty of confidentiality may arise and that its breach will entail liability. Where appropriate, the remedy for breach of that duty may include compensation based on the benefit received by the other party. In this sense, Art 2.1.16 is consistent with other instruments for the harmonization of contract law or private law. This commentary also discusses the consequences of breaches of the duty of confidentiality and the burden of proof relating to such breach of duty.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.17 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the merger clauses of a contract. The parties to international commercial transactions often insert a merger clause (‘entire agreement’, ‘integration’, or ‘four corner clause’) in their contracts. For Art 2.1.17 to apply, the contract and the merger clause must be in writing. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. By codifying a rule on their validity and legal effects, the PICC broke fresh ground and served as a model for later projects for the harmonization of contract law.
Authors: Vogenauer Stefan 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.18 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contract modification in a particular form. International commercial contracts often contain a ‘no oral modification’ clause (or ‘no variation except in writing’ clause). Such clauses require that subsequent agreements to modify the terms of the contract or to terminate the contractual relationship be in a specified form, normally in writing. The purpose of ‘no oral modification’ clauses is to protect the integrity of the writing even after the contract has been concluded. Art 2.1.18 stipulates that a contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated. This commentary discusses an exception from the strict enforcement of ‘no oral modification’ clauses.
Introduction to Arts 2.1.19–2.1.22
Authors: Naudé Tjakie 
Published: June 2017

Abstract
Articles 2.1.19–2.1.22 of the UNIDROIT Principles of International Commercial Contracts (PICC) consider the incorporation of standard terms into a contract. The special rules on standard terms contained in Arts 2.1.20–2.1.22 recognize that parties typically treat standard terms differently to individually negotiated ones. The party that wishes to incorporate its standard terms into the contract is referred to as ‘the user of the terms’, whereas the other party that is sought to be bound by such terms is referred to as ‘the other party’. In the context of Art 2.1.20 on surprising terms, the party that has accepted the user's set of standard terms in principle is referred to as ‘the adhering party’.
Authors: Naudé Tjakie 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.19 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contracting under standard terms. Art 2.1.19 stipulates that where one party or both parties use standard terms in concluding a contract, the general rules on formation apply, subject to Articles 2.1.20–2.1.22. It spells out three cumulative criteria for provisions to qualify as ‘standard terms’: the terms must be drafted in advance; they must be for general and repeated use by one party; and they must actually be used without negotiation with the other party. This commentary discusses express vs implied incorporation of standard terms as well as special requirements for incorporation of arbitration and jurisdiction clauses.
Authors: Naudé Tjakie 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.21 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning conflict between standard terms and non-standard terms. Art 2.1.21 stipulates that in case of conflict between a standard term and a term which is not a standard term, the latter prevails. This article has also been characterized as ‘a principle in international trade’ in a French court decision. The non-standard terms may be set out in the same document as the standard terms or in a separate document. This commentary also discusses the burden of proof relating to the existence of a conflicting term which is not a standard term.
Authors: Naudé Tjakie 
Published: June 2017

Abstract
This commentary focuses on Article 2.1.22 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning battle of forms. The ‘battle of forms’ arises where the parties reach agreement on the essential terms, usually through a reply to an offer which identifies itself as an acceptance, but both parties indicate, more or less automatically, that their respective standard terms should govern the contract. Since the standard terms often conflict with each other, the question arises whether a contract has actually been concluded at all and, if so, which of the inconsistent standard terms should apply in a given situation. In this regard, Art 2.1.22 follows the ‘knock-out’ doctrine. This commentary discusses battle of forms and the general rules on offer and acceptance, requirements for application of the knock-out rule, result of applying the knock-out rule, battle of conflicting choice of law clauses and jurisdiction clauses, and other possible solutions to the battle of forms and the case for the knock-out doctrine.
Authors: Krebs Thomas 
Published: June 2017

Abstract
This commentary focuses on Article 2.2.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the establishment and scope of the authority of the agent. Art 2.2.2 contains two paragraphs that distinguish between the conferral or establishment of authority on the agent on the one hand, and the extent or scope of that authority on the other. While Art 2.2.2(1) provides that authority can be granted expressly or impliedly (establishment), Art 2.2.2(2) explains how the extent that authority is to be determined. Generally, it is for the person relying on an agent's authority to bear the burden of proof that it existed at the time the agent acted.
Authors: Krebs Thomas 
Published: June 2017

Abstract
This commentary focuses on Article 2.2.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning disclosed agency. Art 2.2.3 stipulates that where an agent acts within the scope of its authority and the third party knew or ought to have known that the agent was acting as an agent, the acts of the agent shall directly affect the legal relations between the principal and the third party and no legal relation is created between the agent and the third party. However, the acts of the agent shall affect only the relations between the agent and the third party, where the agent with the consent of the principal undertakes to become the party to the contract. This commentary discusses the requirements of disclosed agency, the consequences of disclosed agency, and burden of proof relating to the requirements of disclosed agency.