구두증거원칙 (Parole evidence rule)에 관련된 표준계약조항 (Boilerplate clauses)에 대한 소고
A Review of the Parol Evidence Rule and Certain Boilerplate Clauses Related Thereto
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Many of the contracts used nowadays in international business transactions are drafted in English and have their origins in English standard form contracts. Often, these contracts contain standard clauses that are included in all types of contracts regardless of what the subject matter or the purpose of the contract is. Many of these standard clauses are inserted in the contract to overcome or reinforce certain fundamental common law contractual principles. Therefore, in order to be able to interpret these standard clauses (the so-called boilerplate clauses), it is important to understand the underlying legal principles. This article examines one such fundamental common law contractual principle, the parol evidence rule, and the boilerplate clauses that are related thereto.
Abstract
Many of the contracts used nowadays in international business transactions are drafted in English and have their origins in English standard form contracts. Often, these contracts contain standard clauses that are included in all types of contracts regardless of what the subject matter or the purpose of the contract is. Many of these standard clauses are inserted in the contract to overcome or reinforce certain fundamental common law contractual principles. Therefore, in order to be able to interpret these standard clauses (the so-called boilerplate clauses), it is important to understand the underlying legal principles. This article examines one such fundamental common law contractual principle, the parol evidence rule, and the boilerplate clauses that are related thereto.
참고문헌 (11)
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- 최영홍, "완결조항에 관한 소고", 상사법연구, 28(1), pp.171~202 (2009), 한국상사법학회
- Edwin Peel, "Treitel: The Law of Contract", pp.214~ (2003)
- "MCC-Marble Ceramic Ctr. v Ceramica Nuova D’agostino. S.P.A., 144 F. 3d 1384 (11th Cir. 1998)", ~ (1998)
- EWCA Civ 413, , 2002