SpringerBriefs in Law

Does International Trade Need a Doctrine of Transnational Law?

Some Thoughts at the Launch of a European Contract Law

Authors: Heidemann, Maren

  • A timely review of the drafting process at the first release of the new European Common Sales Law
  • Reviews the international legal framework for a new European Contract Law
  • Sets out the role and importance of commercial contract law in todays' integrating legal world
  • Provides a review of recent literature on the choice of law aspects of transnational contract law
  • Explains the necessity of a proper doctrine of transantional contract law
  • Outlines possible limitations and problems for the use of transnational commercial contract law
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About this book

This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.

Table of contents (4 chapters)

  • Introduction

    Heidemann, Maren

    Pages 1-3

  • Review of Current Use of the Law Merchant in Domestic and International Law

    Heidemann, Maren

    Pages 5-26

  • Implementation of Non-State Law: Issues in Private International Law. A Review of Selected Contributions

    Heidemann, Maren

    Pages 27-63

  • Conclusion

    Heidemann, Maren

    Pages 65-66

Buy this book

eBook $34.99
price for USA (gross)
  • ISBN 978-3-642-27500-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover $49.95
price for USA
  • ISBN 978-3-642-27499-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Does International Trade Need a Doctrine of Transnational Law?
Book Subtitle
Some Thoughts at the Launch of a European Contract Law
Authors
Series Title
SpringerBriefs in Law
Copyright
2012
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
The Author(s)
eBook ISBN
978-3-642-27500-5
DOI
10.1007/978-3-642-27500-5
Softcover ISBN
978-3-642-27499-2
Series ISSN
2192-855X
Edition Number
1
Number of Pages
VIII, 74
Topics