The Legal Transplant of Boilerplate Contract Clauses: Copy-Paste or Error?
PhD student: Mr O. Kirman
Promotors: R.M. Wibier, Mrs Prof V. Mak
Duration: 15/9/2016 - 14/9/2020
My research, in short, is about the implementation of foreign standardized (boilerplate) contract clauses that originate from common law into the Netherlands. In essence it is a comparative study between the United States, where most of these clauses stem from, and the Netherlands. The study involves an extensive research of legal doctrine, rules and regulations and has an empirical element in contract and case law research. This empirical study has the aim to determine the root and manner of implementation and the exact legal effect of these clauses both in their original - and new jurisdictions. Possible differences in the function and/or legal effect of those clauses will be analyzed and venues for explaining those differences will be explored. Towards such an end, I aim to look at this issue through the perspective of the Legal Transplant Theory and/or other theories derived from comparative law such as the legal convergence theories for example. This last step entails that this study can also be perceived as a case study for such theories.