Open Access Open Access  Restricted Access Subscription Access
Open Access Open Access Open Access  Restricted Access Restricted Access Subscription Access

Party Autonomy and Unidroit


Affiliations
1 Hidayatullah National Law University, Raipur, India
     

   Subscribe/Renew Journal


At first sight, discussing the relationship between soft law and party autonomy may not appear problematic. If "soft law" is understood as generally referring to instruments of a normative nature with no legally binding force and which are applied only through voluntary acceptance,[1] it follows that in the field of contract law, party autonomy is the very raison d'Otre and limit of soft law. Standard terms and model clauses, definitions of trade terms, such as the INCOTERMS, and uniform "customs and practices," such as the Uniform Customs and Practices relating to Documentary Credits ("UCP"), are binding only if expressly or implicitly agreed upon by the parties and to the extent that they do not contrast with the principles and rules of the applicable law from which parties may not derogate.
Subscription Login to verify subscription
User
Notifications
Font Size


Abstract Views: 165

PDF Views: 0




  • Party Autonomy and Unidroit

Abstract Views: 165  |  PDF Views: 0

Authors

Garima Srivastava
Hidayatullah National Law University, Raipur, India

Abstract


At first sight, discussing the relationship between soft law and party autonomy may not appear problematic. If "soft law" is understood as generally referring to instruments of a normative nature with no legally binding force and which are applied only through voluntary acceptance,[1] it follows that in the field of contract law, party autonomy is the very raison d'Otre and limit of soft law. Standard terms and model clauses, definitions of trade terms, such as the INCOTERMS, and uniform "customs and practices," such as the Uniform Customs and Practices relating to Documentary Credits ("UCP"), are binding only if expressly or implicitly agreed upon by the parties and to the extent that they do not contrast with the principles and rules of the applicable law from which parties may not derogate.