Comparative Contract Law And Economics

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Comparative Contract Law and Economics

Author : Mitja Kovač
Publisher : Edward Elgar Publishing
ISBN 13 : 9781849809733
Total Pages : 0 pages
Book Rating : 4.8/5 (97 download)

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Book Synopsis Comparative Contract Law and Economics by : Mitja Kovač

Download or read book Comparative Contract Law and Economics written by Mitja Kovač and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Contract Law and Economics provides a deeper understanding of the similarities and differences between the legal systems of France, England, the US and Germany in terms of contract law. The application of the economically inspired optimal model rule as a uniform term of comparison provides valuable insights into the pre-contractual duties of disclosure, the phenomena of unforeseen contingencies and the unilateral termination of contracts. The objective evaluation method enriches traditional comparative contract law by enabling further qualitative assessment. The book offers ample opportunities for further research and for 'better' law making, legislation and jurisprudence. Moreover, it enables comparative contract law to offer clear-cut, objective recommendations on the possible improvements of legal rules or decisions. This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume. Contents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions References Index

Comparative Contract Law

Author : Pier Giuseppe Monateri
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369172
Total Pages : 569 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Contract Law by : Pier Giuseppe Monateri

Download or read book Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Comparative Contract Law

Author : Larry A. DiMatteo
Publisher : Oxford University Press
ISBN 13 : 0198728735
Total Pages : 513 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Comparative Contract Law by : Larry A. DiMatteo

Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Contract Law

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 178536877X
Total Pages : 294 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Contract Law by : Jan M. Smits

Download or read book Contract Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Smart Contracts and Comparative Law

Author : Andrea Stazi
Publisher : Springer Nature
ISBN 13 : 3030832406
Total Pages : 152 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Smart Contracts and Comparative Law by : Andrea Stazi

Download or read book Smart Contracts and Comparative Law written by Andrea Stazi and published by Springer Nature. This book was released on 2021-12-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.

The Application of the Theory of Efficient Breach in Contract Law

Author : Wenqing Liao
Publisher : Ius Commune: European and Comparative Law Series
ISBN 13 : 9781780683560
Total Pages : 0 pages
Book Rating : 4.6/5 (835 download)

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Book Synopsis The Application of the Theory of Efficient Breach in Contract Law by : Wenqing Liao

Download or read book The Application of the Theory of Efficient Breach in Contract Law written by Wenqing Liao and published by Ius Commune: European and Comparative Law Series. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them. The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two. (Series: Ius Commune Europaeum - Vol. 142) Subject: Contract Law, Sales Law, European Law, Chinese Law, International Law]

Contractual Performance and COVID-19

Author : Franz Schwarz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526343
Total Pages : 610 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contractual Performance and COVID-19 by : Franz Schwarz

Download or read book Contractual Performance and COVID-19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Economics of Comparative Law

Author : Gerrit de Geest
Publisher : Edward Elgar Publishing
ISBN 13 : 9781845428655
Total Pages : 0 pages
Book Rating : 4.4/5 (286 download)

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Book Synopsis Economics of Comparative Law by : Gerrit de Geest

Download or read book Economics of Comparative Law written by Gerrit de Geest and published by Edward Elgar Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law and economics is an interdisciplinary research field in which differences among legal systems are analyzed from an economic point of view. The papers in this path-breaking collection illustrate those differences, describe their economic effects and discover which legal rules or systems are optimal from an economic viewpoint. The volume brings together twenty important contributions on property law, contract law, tort law, corporate law, intellectual property law, litigation law and the legal system, and shows how economics can enrich the study of comparative law.

General Clauses and Standards in European Contract Law

Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124322
Total Pages : 238 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Clauses and Standards in European Contract Law by : Stefan Grundmann

Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

Contract Interpretation and Gap Filling

Author : Nicole Kornet
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9789050955911
Total Pages : 485 pages
Book Rating : 4.9/5 (559 download)

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Book Synopsis Contract Interpretation and Gap Filling by : Nicole Kornet

Download or read book Contract Interpretation and Gap Filling written by Nicole Kornet and published by Intersentia Uitgevers N V. This book was released on 2006 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when contracting parties do not expressly provide for a particular situation in their agreement? Is intervention by the courts or legislature to fill gaps in contracts justified? How should those gaps be filled? This book is unique in the way it combines comparative and theoretical perspectives to provide answers to these questions. From a comparative law perspective, relatively little attention has been given to the different interpretative and gap filling techniques available in different legal systems. A comparison of the approach to contract interpretation and gap filling in England, Germany and the Netherlands is therefore provided in this book. Comparative observations are also made in light of the CISG, PECL and the Unidroit Principles for International Commercial Contracts. This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled. The final part of this book builds on the comparative and theoretical perspectives to develop an interpretative and gap filling strategy that combines responses from contracting parties, the contracting community, the legislature and the courts.

Comparative Law and Economics

Author : the late Theodore Eisenberg
Publisher : Edward Elgar Publishing
ISBN 13 : 0857932586
Total Pages : 506 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Law and Economics by : the late Theodore Eisenberg

Download or read book Comparative Law and Economics written by the late Theodore Eisenberg and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.

The Future of the Commercial Contract in Scholarship and Law Reform

Author : Maren Heidemann
Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 472 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

The Economic Analysis of Civil Law

Author : Schäfer, Hans-Bernd
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935070
Total Pages : 648 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Economic Analysis of Civil Law by : Schäfer, Hans-Bernd

Download or read book The Economic Analysis of Civil Law written by Schäfer, Hans-Bernd and published by Edward Elgar Publishing. This book was released on 2022-01-25 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.

Consumer Law and Economics

Author : Klaus Mathis
Publisher : Springer Nature
ISBN 13 : 3030490289
Total Pages : 326 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Consumer Law and Economics by : Klaus Mathis

Download or read book Consumer Law and Economics written by Klaus Mathis and published by Springer Nature. This book was released on 2020-08-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

Comparatieven Contractenrecht en Economie

Author : Mitja Kovač
Publisher :
ISBN 13 : 9789039348413
Total Pages : 389 pages
Book Rating : 4.3/5 (484 download)

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Book Synopsis Comparatieven Contractenrecht en Economie by : Mitja Kovač

Download or read book Comparatieven Contractenrecht en Economie written by Mitja Kovač and published by . This book was released on 2008 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Advances in Economic Theory

Author : Truman Fassett Bewley
Publisher : CUP Archive
ISBN 13 : 9780521389259
Total Pages : 452 pages
Book Rating : 4.3/5 (892 download)

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Book Synopsis Advances in Economic Theory by : Truman Fassett Bewley

Download or read book Advances in Economic Theory written by Truman Fassett Bewley and published by CUP Archive. This book was released on 1989-07-28 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: These articles should be helpful to anyone with training in economics.

Contract Law Minimalism

Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Morgan

Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.