The Validity and legal effects of Boilerplate Clauses based on applicable law (A Comparative Study)

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VAKILI MOGHADAM MOHAMMAD HOSEIN

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Journal: Comparative Law Researches Year:2020 | Volume:24 | Issue:3 (109) Page(s): 151-177

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Title

The Validity and legal effects of Boilerplate Clauses based on applicable law (A Comparative Study)

Author(s)

VAKILI MOGHADAM MOHAMMAD HOSEIN | Issue Writer Certificate

Keywords

Interpretation of contractsQ2

Boilerplate clausesQ1

Contextual interpretationQ1

Laissez-faireQ1

Abstract

Boilerplate clauses are standard clauses that are included in most contracts as a matter of routine. This Article is an attempt to outline the questionable role of Boilerplate clauses in numerous legal systems. It examines the contrasting approaches of interpretation of leading example of clauses. Boilerplate clauses are often inserted into international commercial contracts with the aim of creating an autonomous regime for the interpretation and application of the contract. Notwithstanding, the parties use Boilerplate clauses to avoid extrinsic elements to interpret the contract, the article argues that the governing law may change the meaning of the clauses. In other words, Boilerplate clauses should be recognized as a method of legal risk management, but from a practical standpoint, mandatory rules and legal cultures of governing law, predominate the clauses of contracts. Therefore, the main challenge in negotiation phase is to ascertain the governing law. Because the governing law recognizes the context and mandatory rules of interpretation.

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APA: Copy

VAKILI MOGHADAM, MOHAMMAD HOSEIN. (2020). The Validity and legal effects of Boilerplate Clauses based on applicable law (A Comparative Study). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 24(3 (109) ), 151-177. SID. https://sid.ir/paper/412177/en

Vancouver: Copy

VAKILI MOGHADAM MOHAMMAD HOSEIN. The Validity and legal effects of Boilerplate Clauses based on applicable law (A Comparative Study). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2020;24(3 (109) ):151-177. Available from: https://sid.ir/paper/412177/en

IEEE: Copy

MOHAMMAD HOSEIN VAKILI MOGHADAM, “The Validity and legal effects of Boilerplate Clauses based on applicable law (A Comparative Study),” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 24, no. 3 (109) , pp. 151–177, 2020, [Online]. Available: https://sid.ir/paper/412177/en

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