Privates Einheitsrecht 978-3-16-156131-3 - Mohr Siebeck
Law

Insa Stephanie Jarass

Privates Einheitsrecht

[Private Uniform Law.]

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Published in German.
The author attempts to establish the concept of the »private uniform law«, based on the functional conditions of such law, as an independent dogmatic category that links certain facts of a case with specific legal consequences. The basis for this is an empirical analysis of English and German case law on selected non-state rules and regulations.
The national fragmentation of commercial law has always been perceived as a barrier to international trade. Besides attempts to create legal unity through international treaties, private actors, such as the International Chamber of Commerce in Paris, have also committed themselves to the goal of legal unification in the field of international commercial law by creating their own non-state rules and regulations. The classification of non-state rules and regulations presents challenges for our understanding of legal doctrine and legal sources. This work attempts to establish the concept of the »private uniform law«, based on the functional conditions of such law, as an independent dogmatic category that links certain facts of a case with specific legal consequences. The basis for this is an empirical analysis of English and German case law on selected non-state rules and regulations, namely the Incoterms, the Uniform Customs and Practice for Documentary Credits (both issued by the International Chamber of Commerce) and the Principles of International Commercial Contracts by UNIDROIT.
The Max Planck Society awarded the thesis the Otto Hahn Medal 2017.
Authors/Editors

Insa Stephanie Jarass Geboren 1987; Studium der Rechtswissenschaft in Bremen und Cambridge, UK (LL.M.); Stipendien der Studienstiftung des deutschen Volkes und des Deutschen Akademischen Austauschdienstes; Forschungsaufenthalt am Institute of European and Comparative Law der University of Oxford, UK; 2016 Promotion; 2018 Zweite juristische Staatsprüfung in Frankfurt am Main; seit 2018 Habilitandin am Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main.

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