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Final Observations

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Chapter Summary

This chapter discusses thirteen aspects of the law and practice of international contracts. On the one hand, studying the practice of international contracts can greatly contribute to the general theory of contracts. On the other hand, the work of the Group permits us to reveal and stress significant characteristics of such practice. The study of international contracts considerably enriches traditional legal analysis. The concrete approach of the international contracts practice also invites re-consideration of the general theory of contracts in a much more dynamic perspective. The features of international contract drafting might summarized as follows: (1) international contract drafting practice to a certain extent is autonomous with regard to domestic law; (2) international contract practice leads to a certain standardization of contract clauses; (3) international contract drafting is law developed by practitioners responding to practical problems and needs; and (4) international contract drafting is increasingly influenced by Anglo-American drafting techniques.

Keywords: Anglo-American drafting techniques; contract clauses; domestic law; international contract; international contract drafting practice; legal analysis



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