Terms were negotiated and not imposed
The provision I discuss in this blog post resembles one I discussed earlier: the miscellaneous provision expressing in an agreement that the terms of the
Herein, hereinafter, hereof, everywhereof
In this blog post I will address a somewhat stubbornly used old-fashion and formal wording: the use of the words hereof, thereof, herein, hereinafter (and
Court or arbitration?
An important question in cross-border contracting is (or should be) whether or not to settle disputes by means of court proceedings (for which you would
Numbering styles for contract sections
In this blog post, I will give you some thoughts about the way contract articles, sections and clauses are numbered. Should you use Arabic numbering,
Articles, Sections or Clauses
Almost invariably, contracts are subdivided into articles, sections, subsections and other enumerated clauses. In large agreements, the articles are sometimes grouped in chapters. But how
Statutory rules prioritising contract interpretation
You might have read my blog post from January 2010, or otherwise the blogs I posted earlier today on contract interpretation and national legal cultures
Contract interpretation: the contra proferentem rule
Lawyers like to provide certainty on how a contract must be (and will be) interpreted. For them, several legislatures have provided guidelines for interpreting contracts
A generalising view on ‘the’ common law
Further to my previous blog posts about the Roman and the Germanic legal traditions, I will now categorise and earmark the common law. ‘The’ common
The Roman and the Germanic legal traditions
In this blog post, I will introduce the Roman (or French-Napoleontic-influenced) legal tradition, as well as the Germanic. What struck, delighted and inspired me when
