ANGLO-AMERICAN CONTRACT
MODELS AND NORWEGIAN OR OTHER CIVIL LAW GOVERNING LAW

The main goal is to develop contractual terms and interpretative tools for effective use in an
internationalised contractual practice.

The background is the well-known practice to adopt English or US contract models even to regulate relationships that are governed by another law. English or US contract models are structured and contain clauses so that they can meet the requirements set by systems of Common Law. When these contract models are used to regulate relationships governed by a Civil Law system, difficulties in interpretation may arise, since Civil Law systems have different requirements.

The function of specific types of clauses will be analysed
in the original (primarily English) legal system.
We will verify whether the same clause can satisfactorily exercise that function if the contract is governed by another legal system (primarily Norwegian law).

We will focus primarily, but not exclusively, on contractual clauses that are to be found in most contract models, irrespective of the type of transaction that is regulated (so-called "boilerplate clauses").
Examples of clauses to be examined are:
Representations and warranties, indemnification,
hardship, interpretation, no oral amendments, no waiver.

 

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