This page uses so called "cookies" to improve its service (i.e. "tracking"). Learn more and opt out of tracking
I agree
transnational law transnational law (lex mercatoria or international business law) and "Lex specialis-principle" 2016-03-01 13:58:16 https://www.trans-lex.org/img/logo_ball.png
Principle

No. I.3.2 - Lex specialis-Principle

Specialized laws prevail over general laws ("lex specialis derogat legi generali").

Commentary
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 , "
References
Arbitral Awards
Court Decisions
Doctrine
Contract Clauses
There are currently no contract clauses.
A project of CENTRAL, University of Cologne.