구두증거원칙 (Parole evidence rule)에 관련된 표준계약조항 (Boilerplate clauses)에 대한 소고A Review of the Parol Evidence Rule and Certain Boilerplate Clauses Related Thereto
- Other Titles
- A Review of the Parol Evidence Rule and Certain Boilerplate Clauses Related Thereto
- Authors
- 조희경
- Issue Date
- 2013
- Publisher
- 성균관대학교 법학연구원
- Keywords
- entire agreement; boilerplate clauses; arol evidence rule; no representation clause; standard contract; 완결조항; 표준계약조항; 구두증거배제원칙; 진술배제조항
- Citation
- 성균관법학, v.25, no.4, pp.263 - 280
- Journal Title
- 성균관법학
- Volume
- 25
- Number
- 4
- Start Page
- 263
- End Page
- 280
- URI
- https://scholarworks.bwise.kr/hongik/handle/2020.sw.hongik/17485
- DOI
- 10.17008/skklr.2013.25.4.010
- ISSN
- 1229-943X
- 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.
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