The Transition From Relational To Legal Contract Enforcement

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The Transition from Relational to Legal Contract Enforcement

Author : Fali Huang
Publisher :
ISBN 13 :
Total Pages : 29 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Transition from Relational to Legal Contract Enforcement by : Fali Huang

Download or read book The Transition from Relational to Legal Contract Enforcement written by Fali Huang and published by . This book was released on 2006 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper studies the transition of contract enforcement institutions. The prevalence of relational contracts, low legal quality, strong cultural preference for personalistic relationships, low social mobility, and highly unequal endowment form a cluster of mutually reinforcing institutions that hinder economic development. The cultural element per se does not necessarily reduce social welfare though it may slow down the legal development, while the real problem lies in endowment inequality and low social mobility. Thus a more equal distribution of resources may be the ultimate key to unravel the above interlocking institutions. These results are generally consistent with the empirical evidence.

Transition and Economics

Author : Gérard Roland
Publisher : MIT Press
ISBN 13 : 9780262681483
Total Pages : 440 pages
Book Rating : 4.6/5 (814 download)

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Book Synopsis Transition and Economics by : Gérard Roland

Download or read book Transition and Economics written by Gérard Roland and published by MIT Press. This book was released on 2000 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transition from socialism to capitalism in former socialist economies has transformed the economic structure. This book provides an overview of research on the issues raised by the shift from collective to private ownership.

Contract Enforcement in Transition

Author : Simon Johnson
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.X/5 (6 download)

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Book Synopsis Contract Enforcement in Transition by : Simon Johnson

Download or read book Contract Enforcement in Transition written by Simon Johnson and published by . This book was released on 1999 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Essays on Contract Enforcement in Transition Economies

Author : Hamish Rafe Gow
Publisher :
ISBN 13 :
Total Pages : 290 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Essays on Contract Enforcement in Transition Economies by : Hamish Rafe Gow

Download or read book Essays on Contract Enforcement in Transition Economies written by Hamish Rafe Gow and published by . This book was released on 2000 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contracting and Contract Law in the Age of Artificial Intelligence

Author : Martin Ebers
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950702
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contracting and Contract Law in the Age of Artificial Intelligence by : Martin Ebers

Download or read book Contracting and Contract Law in the Age of Artificial Intelligence written by Martin Ebers and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Advances in Economics and Econometrics: Theory and Applications

Author : Econometric Society. World Congress
Publisher : Cambridge University Press
ISBN 13 : 9780521589826
Total Pages : 362 pages
Book Rating : 4.5/5 (898 download)

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Book Synopsis Advances in Economics and Econometrics: Theory and Applications by : Econometric Society. World Congress

Download or read book Advances in Economics and Econometrics: Theory and Applications written by Econometric Society. World Congress and published by Cambridge University Press. This book was released on 1997-02-20 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: These books comprise papers examining the latest developments in economic theory, applied economics and econometrics presented at the Seventh World Congress of the Econometric Society in Tokyo in August 1995. The topics were carefully selected to represent the most active fields in the discipline over the past five years. Written by the leading authorities in their fields, eac h paper provides a unique survey of the current state of knowledge in economics. Designed to make the material accessible to a general audience of economists, these volumes should be helpul to anyone with a good undergraduate training in economics who wishes to follow new ideas and tendencies in the subject.

Handbook of Law and Economics

Author : A. Mitchell Polinsky
Publisher : Elsevier
ISBN 13 : 0444512357
Total Pages : 887 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis Handbook of Law and Economics by : A. Mitchell Polinsky

Download or read book Handbook of Law and Economics written by A. Mitchell Polinsky and published by Elsevier. This book was released on 2007-11-21 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. Our hope is that this two volume Handbook will foster the study of the legal system by economists. *The two volumes form a comprehensive and accessible survey of the current state of the field. *Chapters prepared by leading specialists of the area. *Summarizes received results as well as new developments.

Scholars of Contract Law

Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938486
Total Pages : 437 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Scholars of Contract Law by : James Goudkamp

Download or read book Scholars of Contract Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Vanishing Contract Law

Author : Catherine Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1009084909
Total Pages : 259 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Vanishing Contract Law by : Catherine Mitchell

Download or read book Vanishing Contract Law written by Catherine Mitchell and published by Cambridge University Press. This book was released on 2022-09-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

Rethinking Law and Development

Author : Guanghua Yu
Publisher : Routledge
ISBN 13 : 1136667342
Total Pages : 265 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Rethinking Law and Development by : Guanghua Yu

Download or read book Rethinking Law and Development written by Guanghua Yu and published by Routledge. This book was released on 2013-03-12 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China’s economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China’s economic development, political change, and China’s interaction with the international community. The book explores the development of the Chinese legal system from both China’s historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China’s economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.

Casebook on Contract Law

Author : Jill Poole
Publisher : Oxford University Press, USA
ISBN 13 : 0199687234
Total Pages : 829 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Casebook on Contract Law by : Jill Poole

Download or read book Casebook on Contract Law written by Jill Poole and published by Oxford University Press, USA. This book was released on 2014 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Casebook on Contract Law' provides students with a comprehensive selection of the cases most likely to be encountered on contract law courses and is specifically designed to meet their needs.

Corporate Governance, Enforcement and Financial Development

Author : Chen Ding
Publisher : Edward Elgar Publishing
ISBN 13 : 1781004811
Total Pages : 259 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Corporate Governance, Enforcement and Financial Development by : Chen Ding

Download or read book Corporate Governance, Enforcement and Financial Development written by Chen Ding and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔDing ChenÕs detailed institutional analysis of the development of the Chinese stock market brings the question of enforcement to centre stage. In doing so, she not only introduces readers to the particularities of the Chinese system; she also sheds new light on conventional debates about the law and economics of corporate governance.Õ Ð Andrew Johnston, University of Sheffield, UK ÔIn this book Dr Ding Chen has made an important theoretical contribution to our understanding of corporate governance in transitional economies and of corporate governance in China especially. Drawing upon the insights of New Institutional Economics theory she examines the interplay between formal and informal enforcement mechanisms relating to corporate governance in China. To support this argument the book breaks new ground by providing a comprehensive examination of enforcement actions in ChinaÕs stock market; her findings are at variance from conclusions found in other research, such as in the law and finance literature. Rather than simply imitating the dominant Anglo-American model of corporate governance, she argues that local conditions will greatly affect the choice of the most appropriate governance models. This has been especially so in China.Õ Ð Roman Tomasic, University of South Australia and Durham Law School, UK This important new book attempts to establish a fresh conceptual framework for the study of corporate governance by employing the new institutional economics of contract enforcement. This framework helps to clarify two critical issues including the role of law in financial development and whether there is an optimal corporate governance model that should be followed by countries attempting to develop their own stock markets. Applying this novel framework, the author conducts a comprehensive study on Chinese corporate governance and discovers that the Chinese stock market has rapidly expanded even in the absence of any effective institutions. She provides a credible explanation to this ÔChina puzzleÕ by arguing that the growth of the stock market is mainly driven by state guarantees, institutional rent seeking by state-owned companies, financial repression and investorsÕ speculation. Indeed, there is probably nowhere better to look than ChinaÕs stock market to assess the limits of the gradualist approach to financial development. As the book explains, the potential efficiency gains that could be created by a healthy, well-functioning stock market have been completely outweighed by the consideration of maintaining the existing political system. This book will appeal to scholars and students of economics and law with an interest in corporate governance, Chinese economic development and new institutional economics.

American Comparative Law

Author : David S. Clark
Publisher : Oxford University Press
ISBN 13 : 0195369920
Total Pages : 585 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis American Comparative Law by : David S. Clark

Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

Contracting for Better Places

Author : Menno van der Veen
Publisher : IOS Press
ISBN 13 : 1607500051
Total Pages : 397 pages
Book Rating : 4.6/5 (75 download)

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Book Synopsis Contracting for Better Places by : Menno van der Veen

Download or read book Contracting for Better Places written by Menno van der Veen and published by IOS Press. This book was released on 2009 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Large-scale urban development projects aim to create better places in underused or deteriorated areas. For their realization, cooperation between planning authorities and market parties is indispensable. Contracting for Better Places focuses on the development agreements that these parties close. It follows from the relational contract theory that, as the projects evolve over time, these agreements have to promote relational values such as trust and flexibility. This work displays four interesting cases: Battery Park City and Hudson Yards (both in New York City), Zuidas (Amsterdam) and King's Cross (London). The content, meaning and function of real-life development agreements of these focal projects are studied and criticized. The conclusions have a case-specific as well as a more general character.

Contract Law and Social Morality

Author : Peter M. Gerhart
Publisher : Cambridge University Press
ISBN 13 : 1009038729
Total Pages : 233 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Contract Law and Social Morality by : Peter M. Gerhart

Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

Solomon's Knot

Author : Robert D. Cooter
Publisher : Princeton University Press
ISBN 13 : 0691147922
Total Pages : 344 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Solomon's Knot by : Robert D. Cooter

Download or read book Solomon's Knot written by Robert D. Cooter and published by Princeton University Press. This book was released on 2012-01-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cooter and Schfer provide a thorough introduction to growth economics through the lens of law and economics. They do a masterful job of weaving in historical anecdotes from all over the world, detailed discussions of historical transformations, theoretical literature, empirical studies, and numerous clever hypotheticals. Scholars as well as general readers will find this book to be very useful and informative."--Henry N. Butler, George Mason University -- "This book distills and presents in a lucid and often even entertaining way the main insights and contributions of law and economics to meeting the challenges of growth for developing countries. Cooter and Schfer argue that market freedom is the key to growth, but that it needs to be sustained by the appropriate legal rules and institutions."--Robert Howse, coauthor of "The Regulation of International Trade."