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Book
xii, 266 p. ; 24 cm.
Law Library (Crown)
Book
xxxv, 282 p. ; 24 cm.
  • 1. Introduction-- 2. The source of autonomy-- 3. The limits on the exercise of autonomy-- 4. The validity of the choice of law clause-- 5. The implied or tacit choice-- 6. Contract splitting-- 7. The protection of the weaker party-- 8. The contract sans loi-- 9. Mandatory rules-- 10. The interrelationships between choice of law in contract and tort.
  • (source: Nielsen Book Data)9780198262701 20160528
This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can be justified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
(source: Nielsen Book Data)9780198262701 20160528
Law Library (Crown)
Book
v. (loose-leaf) ; 26 cm.
Law Library (Crown)
Book
xii, 776 p. ; 24 cm.
Law Library (Crown)
Book
155 p. ; 24 cm.
Law Library (Crown)
Book
63 p. ; 21 cm.
Law Library (Crown)
Book
6 v. (loose-leaf) ; 27 cm.
Law Library (Crown)
Book
x, 365 p. 24 cm.
Law Library (Crown)
Book
109 p. 24 cm.
Law Library (Crown)
Book
xiv, 200 p. ; 25 cm.
Law Library (Crown)
Book
190 p. ; 26 cm.
Law Library (Crown)
Book
127-178 p. ; 25 cm.
SAL1&2 (on-campus shelving)
Book
xxxvi, 339 pages ; 24 cm
  • Machine generated contents note: 1. The development of the party autonomy principle in China
  • 2. The background to the development of party autonomy
  • 3. The existence and validity of parties' choice of law
  • 4. The 'law' that can be chosen by parties
  • 5. Statutory restrictions on party autonomy (I); 6. Statutory restrictions on party autonomy (II)
  • 7. Ascertainment of the foreign law chosen by parties
  • 8. Contractual choice of law under the 'One Country, Two Systems' regime
  • 9. The party autonomy principle in the context of the Chinese legal system.
"The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts"-- Provided by publisher.
"The principle of party autonomy in contractual choice of law gives parties to an international contract the freedom to choose the law to govern their contract"-- Provided by publisher.
Law Library (Crown)
Book
lix, 2324 pages ; 25 cm
  • Grundlagen und Vertragsgestaltung
  • Bestimmung des Vertragsstatuts
  • Geltungsbereich des Vertragsstatuts
  • Ausservertragliche Schuldverhältnisse und Verschulden bei Vertragsverhandlungen
  • Einsgriffsnormen (international zwingende Bestimmungen), Berücksichtigung ausländischer Devisenvorschriften, Formvorschriften
  • Einzelne Vertragstypen
  • Vertretungsmacht und Verfügungsbefugnis
  • Gerichtsstands- und Schiedvereinbarungen.
Law Library (Crown)
Book
xc, 1923 p. ; 24 cm.
Law Library (Crown)
Book
lxvii, 1183 p. ; 22 cm.
Law Library (Crown)
Book
iii, 106 p. ; 28 cm.
Law Library (Crown)
Book
2 v. 24 cm.
  • Bd. 1. Abhandlung.--Bd. 2. Texte der zitierten Rechtsnormen und amerikanisohen Restatements.
Law Library (Crown)
Book
207 p. ; 25 cm.
SAL1&2 (on-campus shelving)
Book
xv, 134 p. ; 24 cm.
Law Library (Crown)

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