Prof. Dr. Klaus Peter Berger, LL.M.transnational lawtransnational law (lex mercatoria or international business law) and "Lex specialis-principle"2020-05-25 13:38:56https://www.trans-lex.org/img/logo_ball.png
1 The Principle contains a generally recognized rule of interpretation pursuant to which the more specific provision takes precedence over the more general one.
2 The Principle is based on the presumption that, in enacting a law or drafting a contract provision, a lawmaker or contract drafter does not want to create a law or contractual provision that would be devoid of any scope of application. This would be the case if the general rule always prevailed.
Please cite as: "Commentary to Trans-Lex Principle , https://www.trans-lex.org/910000"
2 The Principle is based on the presumption that, in enacting a law or drafting a contract provision, a lawmaker or contract drafter does not want to create a law or contractual provision that would be devoid of any scope of application. This would be the case if the general rule always prevailed.
Please cite as: "Commentary to Trans-Lex Principle , https://www.trans-lex.org/910000"