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Does International Trade Need a Doctrine of Transnational Law?

Some Thoughts at the Launch of a European Contract Law

  • Book
  • © 2012

Overview

Authors:
  1. Maren Heidemann

    1. Institute of Advanced Legal Studies, University of London, London, United Kingdom

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  • 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
  • Includes supplementary material: sn.pub/extras

Part of the book series: SpringerBriefs in Law (BRIEFSLAW)

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Table of contents (4 chapters)

  1. Front Matter

    Pages i-viii
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  2. Introduction

    • Maren Heidemann
    Pages 1-3

  3. Review of Current Use of the Law Merchant in Domestic and International Law

    • Maren Heidemann
    Pages 5-26

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

    • Maren Heidemann
    Pages 27-63

  5. Conclusion

    • Maren Heidemann
    Pages 65-66

  6. Back Matter

    Pages 67-74
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Keywords

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.

Authors and Affiliations

  • Institute of Advanced Legal Studies, University of London, London, United Kingdom

    Maren Heidemann

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