By Mary Keyes, Therese Wilson

ISBN-10: 1472415612

ISBN-13: 9781472415615

Exploring the benefits and drawbacks of codifying agreement legislations, this booklet considers the query from the views of either civil and customary legislations structures, referring intimately to problems with foreign and patron law.With contributions from best foreign students, the chapters current a number critiques at the virtues of codification, encouraging additional debate in this subject. The publication commences with a dialogue at the internationalization significant for codification of agreement legislations. It then turns to local matters, exploring first codification makes an attempt within the eu Union and Japan, after which concerns suitable to codification within the universal legislation jurisdictions of Australia, New Zealand and the U.S.. the gathering concludes with chapters which think about the necessity to draw upon either inner most and comparative overseas legislations views to notify any codification reforms.This booklet may be of curiosity to overseas and comparative agreement legislation lecturers, in addition to regulators and policy-makers.

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Forum public policy should only be applied with an overriding effect if the legislation expressly requires it, and this should be done rarely in commercial situations. Jurisdictional rules should be better coordinated with related choice of law rules and other techniques that lead to the application of forum law. The contract choice of law rules require improvement in order to achieve greater consistency with international developments, to increase the clarity and certainty of the law, and to minimize the effect that is given to forum law.

94 There is still much confusion as to the application of the CISG in Australia, and the uncertain relationship between its scope of application provisions and forum choice of law is likely to exacerbate this confusion. In a recent case, even though defendant’s assets were located) would have refused to enforce any Australian judgment that did not give effect to the parties’ express choice of English law. 86 Keyes, ‘Statutes, Choice of Law and the Role of Forum Choice’ (n 14). 87 Compagnie des Messageries Maritimes v Wilson (1954) 94 CLR 577, 585.

For further discussion, see Therese Wilson, ‘The Challenges of Unconscionability and Good Faith in Contract Law Codification’, in this collection. 2). 6(2). 3. 36 Codifying Contract Law but this should only be done rarely, particularly in law applicable to commercial transactions. Valid protective interests generally relevant to particular kinds of contracts should be more explicitly indicated in the choice of law rules. 133 Finally, it would be wise to reflect on what may be learned from the success of international commercial arbitration in terms of improvements to international litigation in the Australian courts, as well as in the reform of contract and private international law.

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Codifying Contract Law: International and Consumer Law Perspectives by Mary Keyes, Therese Wilson

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