Lecture on Sale and Purchase Agreement
On 14 November 2016 the University of Belgrade Faculty of Law had a pleasure of hosting Prof. Dr Massimo Foglia (University of Bergamo, Italy) who gave a presentation on International Commercial Contracts, Boilerplate Clauses and the Applicable Law. Looking at the practice of commercial contract drafting, he focused on the features of international commercial contract models, with particular reference to the sale and purchase agreement, by addressing the phenomenon of the so-called “aliens contracts”: those contracts governed by the law of civil law systems (such as the Republic of Italy), but conceived and drafted on the basis of a common law model and in particular a U.S. and/or a U.K. model. He also addressed some critical issues concerning the transplanting problems related to the use of common law drafted contracts by assuming that the applicable law is the Republic of Italy. In particular he focused on standard terms such as severability clauses and merger clauses whom application open a question of validity in the case such clauses clash with the barrier of national mandatory rules.