Jump to ContentJump to Main Navigation
The Lex Mercatoria in Theory and Practice$
Users without a subscription are not able to see the full content.

Orsolya Toth

Print publication date: 2017

Print ISBN-13: 9780199685721

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780199685721.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 January 2020

Framework for an Analytical Account—Clarifying Terminology

Framework for an Analytical Account—Clarifying Terminology

(p.60) 3 Framework for an Analytical Account—Clarifying Terminology
The Lex Mercatoria in Theory and Practice

Orsolya Toth

Oxford University Press

This chapter makes terminological clarifications to develop the framework for the proposed account of the lex mercatoria. It argues that the ‘international business community’ should be perceived as a group of individual businessmen. It argues in favour of a de-localized business community organized along the various industries, rather than on a territorial basis. Group members create lex mercatoria rules through their conduct and can cross geographical boundaries. The emerging rules are thus truly ‘a-national’. The chapter discusses the meaning of ‘trade usage’ and argues that it should mean spontaneous conduct-based rules, rather than contract terms. The ‘implied terms doctrine’ is inappropriate in this context since it refers to domestic usage. The chapter examines the notion of ‘international trade usage’ under the CISG and concludes that it is inadequate for the proposed account because the validity of trade usage remains outside its scope and within the ambit of domestic laws.

Keywords:   lex mercatoria, international business community, trade usage, domestic usage, international trade usage, CISG, implied terms

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .