摘要: |
For the specialized yacht lawyer, five topics are at the centre of his guidance: Every deal and operation of a super-yacht is almost exclusively a business in different legal worlds and jurisdictions. Consequently, many stakeholders and interfaces in the public and the private sphere have to be coordinated. Without the appropriate expertise, the business is challenging to manage. Especially in yacht law, the common law world meets the civil law world. One of the most fundamental differences between common and civil law is that common law focuses to a much greater extent on the objective explanatory value, behind which even the otherwise ascertainable, concordant will of the parties takes a back seat. The worst mistake constantly made is that these principles are mixed up in contracts through risky copy-paste. As a result, regulatory text modules of one legal world get a choice of law from another, which does not fit. For example, with many civil laws, one automatically chooses a dedicated GTC control, which renders many provisions or the entire contract ineffective. |