It is common to find general clauses referring to codes of ethics, professional standards and cus... more It is common to find general clauses referring to codes of ethics, professional standards and customs
in commercial contracts between parties from different legal systems. Those clauses may impose
obligations or provide permission to apply certain provisions, rules or customs. Such general clauses
may contain vague phrases, such as ‘principles of fair trading’, ‘good manners’, ‘common good’,
‘important reasons’, ‘legitimate reasons’, ‘special circumstances’, ‘good faith’, “friendly negotiation”.
The examples are taken from different legal texts such as statutes and contracts written in Chinese,
German, Polish and English. The vague contract terms are taken from standard contracts that are used
in certain fields of commerce in which long-term obligations are usually found, for example,
construction contracts.
What do those general clauses and vague phrases in contracts mean to commercial parties? Do they
really have the same understanding when they sign the contracts? Can such clauses and phrases be
understood flexibly to accommodate both parties’ commercial interests? How important are such
clauses for those parties who seek long-term relationship?
The authors show the differences in the meaning of selected general clauses, which apparently signify
the same entities and concepts but in fact differ significantly due to the different law-systems that
form the background of those terms and other factors. The main aim of this Chapter is to establish the
constituent characteristics of the concepts being analyzed and to distinguish near equivalence and
partial equivalence of selected vague phrases referring to codes of ethics, professional standards and customs.
It is common to find general clauses referring to codes of ethics, professional standards and cus... more It is common to find general clauses referring to codes of ethics, professional standards and customs
in commercial contracts between parties from different legal systems. Those clauses may impose
obligations or provide permission to apply certain provisions, rules or customs. Such general clauses
may contain vague phrases, such as ‘principles of fair trading’, ‘good manners’, ‘common good’,
‘important reasons’, ‘legitimate reasons’, ‘special circumstances’, ‘good faith’, “friendly negotiation”.
The examples are taken from different legal texts such as statutes and contracts written in Chinese,
German, Polish and English. The vague contract terms are taken from standard contracts that are used
in certain fields of commerce in which long-term obligations are usually found, for example,
construction contracts.
What do those general clauses and vague phrases in contracts mean to commercial parties? Do they
really have the same understanding when they sign the contracts? Can such clauses and phrases be
understood flexibly to accommodate both parties’ commercial interests? How important are such
clauses for those parties who seek long-term relationship?
The authors show the differences in the meaning of selected general clauses, which apparently signify
the same entities and concepts but in fact differ significantly due to the different law-systems that
form the background of those terms and other factors. The main aim of this Chapter is to establish the
constituent characteristics of the concepts being analyzed and to distinguish near equivalence and
partial equivalence of selected vague phrases referring to codes of ethics, professional standards and customs.
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Papers by Tina de Vries
in commercial contracts between parties from different legal systems. Those clauses may impose
obligations or provide permission to apply certain provisions, rules or customs. Such general clauses
may contain vague phrases, such as ‘principles of fair trading’, ‘good manners’, ‘common good’,
‘important reasons’, ‘legitimate reasons’, ‘special circumstances’, ‘good faith’, “friendly negotiation”.
The examples are taken from different legal texts such as statutes and contracts written in Chinese,
German, Polish and English. The vague contract terms are taken from standard contracts that are used
in certain fields of commerce in which long-term obligations are usually found, for example,
construction contracts.
What do those general clauses and vague phrases in contracts mean to commercial parties? Do they
really have the same understanding when they sign the contracts? Can such clauses and phrases be
understood flexibly to accommodate both parties’ commercial interests? How important are such
clauses for those parties who seek long-term relationship?
The authors show the differences in the meaning of selected general clauses, which apparently signify
the same entities and concepts but in fact differ significantly due to the different law-systems that
form the background of those terms and other factors. The main aim of this Chapter is to establish the
constituent characteristics of the concepts being analyzed and to distinguish near equivalence and
partial equivalence of selected vague phrases referring to codes of ethics, professional standards and customs.
in commercial contracts between parties from different legal systems. Those clauses may impose
obligations or provide permission to apply certain provisions, rules or customs. Such general clauses
may contain vague phrases, such as ‘principles of fair trading’, ‘good manners’, ‘common good’,
‘important reasons’, ‘legitimate reasons’, ‘special circumstances’, ‘good faith’, “friendly negotiation”.
The examples are taken from different legal texts such as statutes and contracts written in Chinese,
German, Polish and English. The vague contract terms are taken from standard contracts that are used
in certain fields of commerce in which long-term obligations are usually found, for example,
construction contracts.
What do those general clauses and vague phrases in contracts mean to commercial parties? Do they
really have the same understanding when they sign the contracts? Can such clauses and phrases be
understood flexibly to accommodate both parties’ commercial interests? How important are such
clauses for those parties who seek long-term relationship?
The authors show the differences in the meaning of selected general clauses, which apparently signify
the same entities and concepts but in fact differ significantly due to the different law-systems that
form the background of those terms and other factors. The main aim of this Chapter is to establish the
constituent characteristics of the concepts being analyzed and to distinguish near equivalence and
partial equivalence of selected vague phrases referring to codes of ethics, professional standards and customs.