82,387
edits
Governing law: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 12: | Line 12: | ||
I am not suggesting much less expecting any [[legal eagle]] to give up on a confort blanket as cosy as a [[governing law]] clause, but it is a worthwhile thought experiment. | I am not suggesting much less expecting any [[legal eagle]] to give up on a confort blanket as cosy as a [[governing law]] clause, but it is a worthwhile thought experiment. | ||
===Inhouse [[legal eagle]] shop steward opportunity=== | |||
The proposed governing law not being the one in which ''l[[aigle juridique]]'' is qualified and licenced to practice is a magnificent opportunity for a busy in-house lawyer to work to rule, executing a tiresome escalation to Helmut, in your Frankfurt office. This agreement is governed by German law. I cannot opine, she will say, and look airily towards the work-shy [[rechtsadler]]. There ''is'' a colour of truth about this — enough cover for non-specialists to be disinclined to second-guess by anyone, though many [[salespeople]] will harbour the suspicion that the basic precepts of the commercial bargain are, as far as makes any difference, the same whatever legal regime governs them, and your present lawyer is just being truculent, lazy or obtuse. But she cannot prove this, and — rather brilliantly, nor can your local guy, and nor — if you can get a response out of him at all — can Helmut: unless someone happens to be dual-qualified, ''no-one'' has sight of German law, English law, and the intended bargain to confirm beyond all reasonable doubt that the governing law is a red herring. | |||
{{sa}} | {{sa}} | ||
*[[Writing for a judge]] | *[[Writing for a judge]] | ||