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subscribers. h�b```f``2``e``5`b@ !�(����D���#�����"/��c�p j����b����E�+� Enter your email address to log in as a �p��[�}�w5����Kqʩ@�k7 �K��1�r��O��l[|��h��ck-�!�}����M�KsՉR���M���{j!2>��?�r����:�n��O��"&�(���b����mXmܼ3���M�F�'�U�'�Vh�1bv�Qi�˞ˬ����m�e�E�#�����1�C�_,�1TO����r�i�&�&;� Request a trial hޤUmo�0�+��}�~I�$R��tHk��VB|H��L��ĕ��;;�:ު���|���~F� �c"XD� ��0a$ �&�y(A ! 116 0 obj <> endobj more, SWISS LAW VS ENGLISH LAW ON CONTRACT INTERPRETATION: IS SWISS LAW BETTER SUITED TO THE REALITIES OF INTERNATIONAL CONSTRUCTION CONTRACTS? If you are already a subscriber, please enter your details below to log in. Structure and Sources. This Article then inquires which features made English and Swiss laws more attractive than other jurisdictions’ laws and seeks to verify whether the postulate is true that … This paper explores why that might be the case in light of a number of particularities of international construction contracts.
117 BCL/LL.B (McGill), MIS (Geneva); Associate, LALIVE, Geneva. Pt 4] Swiss law vs English law on contract interpretation endstream endobj startxref However, the distinction between the English and Swiss approaches, and more generally between common and civil law systems, is far more nuanced than the subjective versus objective dichotomy would suggest. There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. Swiss law, in particular in construction agreements. Swiss Penal Code (deals with the criminal law stuff).
fi rst glance, marked. English and Swiss law are, respectively, the first and second most frequently chosen governing laws in international contracts, at least according to the International Chamber of Commerce’s statistics on contracts giving rise to arbitration under the ICC Rules of Arbitration 1 . endstream endobj 207 0 obj <> endobj 208 0 obj <> endobj 209 0 obj <>stream The ICC’s statistics show that, in the cases submitted to ICC arbitration, 15.64% of contracts which contained a choice of law provided for the application of English law, while 10.09% provided for the application of Swiss law. Find out Art. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. %%EOF
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In contrast, Swiss law, along with other civilian systems, is usually said to
However, the distinction between the English and Swiss approaches, and more generally between common and civil law systems, is far more nuanced than the subjective versus objective dichotomy would suggest. �jAq�e�r�kДh�#1ª,��\��`���b���I�!p�|�iFW,�(�t!�j�d��#.�8Z$Ͻ7h�O�L|�����S������~�i5~.�zk��5��ձA�\��ߜ�+*����ޝY��C�~��E%�q8\��^$@oXl�Րh��AQ����,mf�*x�z�Mn,�����愧z��Y[0.���W��^����"�,�tE��/���8%�\ A�a__����;�6A����H\$�=|�[@Zu 2 Accordingly, within the limits of the law, every person has the same capacity to have rights and obligations.
Swiss Code of Obligations (deals with stuff like contracts, employment law, company law, rent, etc.)
Common law vs. civil law approach Whilst there are many legal issues that are dealt with in the same or in a similar way by the civil law and common law systems, there remain also substantial differences. The approach regarding a contract clause penalizing To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. INTRODUCTION Swiss law is a set of rules which constitutes the law in Switzerland.
h�bbd``b`��@����,@B�H� �V !�$�1012Ăt00C�g��` �& Notwithstanding these similarities, certain features of the Swiss approach to contract interpretation, for instance the simplicity of its approach to the admissibility of evidence, might in fact make it better suited to the realities of international construction contracts.