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Event Details
CURRENT LEGAL PROBLEMS LECTURE SERIES 2009-10:
No-oral-modification clauses and the DCFR - Are oral contracts 'not worth the paper they are written on', or do they bring 'back through the window' what was 'put out by the door'?
by
Dr Florian Wagner-von Papp
UCL
Chaired by The Rt. Hon. The Lord Mance
on 25 February 2010, from 6-7pm
Venue:
UCL Law Faculty
Bentham House, Endsleigh Gardens
London WC1H 0EG
Accredited with 1 CPD hour by the
Solicitors Regulation Authority and the Bar Standards Board
About this lecture:
Clauses that require contract modifications to be in writing are relatively common ('no variation except in writing' or 'no-oral-modification' = NOM-clauses). Many legal systems and legal instruments have addressed the question whether a subsequent oral modification is valid despite such clauses, based on the premise that 'those who make a contract may unmake it', or whether NOM-clauses should be enforced. This raises the broader question to what extent contract parties should be able to limit their future autonomy. The lecture will discuss the provision dealing with NOM-clauses in the Draft Common Frame of Reference (DCFR II.-4:105) from a comparative and economic perspective.
About the speaker:
Dr. Florian Wagner-von Papp joined the UCL Faculty of Laws and the Institute of Global Law in September 2005. He is a Director of the UCL Institute of Global Law and the UCL Centre for Law and Economics. He is a member of the Academic Board of the UCL Jevons Institute, an elected member of the Walter Eucken Institute and participates in the Research Network on Innovation and Competition Policy (RNIC). He is a reporter to the European Centre for Tort and Insurance Law in Vienna. Before joining UCL, he was lecturer at the Faculty of Laws of the University of Tuebingen and academic assistant at the Chair of Professor Moeschel.
He read law at the University of Tuebingen on a scholarship from the German National Academic Foundation and received his first law degree in 1998. After his trainee period in London, Tuebingen and Stuttgart, he passed the qualifying Second State Examination in 2000. In 2002, he was awarded a Master of Laws degree with first class honours (James Kent Scholar) by Columbia Law School (New York). In 2004, the University of Tuebingen awarded him a PhD degree summa cum laude.
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Lauterpacht Centre for International Law
University of Cambridge
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