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Research Handbook on International Commercial Contracts

Edited by: Andrew Hutchison, Franziska Myburgh

ISBN13: 9781788971058
Published: December 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £197.00



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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.

Subjects:
Contract Law, Commercial Law
Contents:
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