€101.00 incl. VAT €95.28 excl. VAT
Available shipped within 3-5 business days
100% secure payment
payments maestro mastercard visa payments
Questions about this product? Contact our customer service

Contract Interpretation and Gap Filling: Comparative and Theoretical Perspectives

Book | 1st edition 2006 | United Kingdom | Nicole Kornet

What happens when contracting parties do not expressly provide for a particular situation in their agreement? Is intervention by the courts or legislature to fill gaps in contracts justified? How should those gaps be filled? This book is unique in the way it combines comparative and theoretical perspectives to provide answers to these questions.

From a comparative law perspective, relatively little attention has been given to the different interpretative and gap filling techniques available in different legal systems. A comparison of the approach to contract interpretation and gap filling in England, Germany and the Netherlands is therefore provided in this book. Comparative observations are also made in light of the CISG, PECL and the Unidroit Principles for International Commercial Contracts.

This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled.

The final part of this book builds on the comparative and theoretical perspectives to develop an interpretative and gap filling strategy that combines responses from contracting parties, the contracting community, the legislature and the courts.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789050955911
Series name Ius Commune Europaeum
Weight 860 g
Status Available
Number of pages xviii + 485 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Sep 1, 2006
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No