Regulation By Contract

Author : Roger Brownsword,Rob A.J. van Gestel,Hans-W. Micklitz
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 53,5 Mb
Release : 2017-09-29
Category : Business ethics
ISBN : 9781784710668

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Contract and Regulation by Roger Brownsword,Rob A.J. van Gestel,Hans-W. Micklitz Pdf

Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.

Author : Horst Eidenmüller
Publisher : Bloomsbury Publishing
Page : 524 pages
File Size : 53,6 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781782251217

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Regulatory Competition in Contract Law and Dispute Resolution by Horst Eidenmüller Pdf

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Author : W. Noel Keyes
Publisher : Unknown
Page : 1288 pages
File Size : 40,6 Mb
Release : 2003
Category : Government purchasing
ISBN : 0314106677

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Government Contracts Under the Federal Acquisition Regulation by W. Noel Keyes Pdf

Author : Hugh Collins
Publisher : Oxford University Press on Demand
Page : 386 pages
File Size : 54,9 Mb
Release : 2002
Category : Law
ISBN : 0199258015

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Regulating Contracts by Hugh Collins Pdf

Using an interdisciplinary approach involving economics, sociology and law, Regulating Contracts explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. What kind of social relation do contracts create, or, more precisely, how do contracts govern social interaction. How are contractual relations, or more generally, markets constructed? Does the law play a significant role in particular practices, and in particular, what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation? The controversial conclusions of this study suggest that the law plays an insignificant role in the construction of markets, and that law and lawyers could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning. Legal regulation of contracts concerned with redistributive tasks, such as redressing unfairness, countering unjust power relations, and improving access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation. The argument in the book is that control of unfairness is both desirable and practicable, that power relations should be modified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes.

Author : John R. Baldwin
Publisher : McGill-Queen's Press - MQUP
Page : 163 pages
File Size : 55,7 Mb
Release : 2022-05-31
Category : Business & Economics
ISBN : 9780228012450

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Regulatory Failure and Renewal by John R. Baldwin Pdf

Regulatory Failure and Renewal develops a framework to understand the choice of regulatory instrument used in Canada for natural monopolies such as telephone companies, water utilities, streetcars, hydroelectricity, and railways from the 1880s to the 1930s. Using the transaction-cost literature pioneered by Oliver Williamson, John Baldwin examines the nature of contractual failure in Canada in natural monopoly cases, asking why initial forms of contracts between the state and private enterprise failed and why this failure so often resulted in the use of public enterprise. Baldwin outlines early attempts to deal with natural monopolies – from the use of a franchise contract to regulatory tribunals and finally to public enterprise – and compares Canadian experiences to US approaches, which turned more frequently to regulatory tribunals. This difference is due to Canada’s more limited constraints on the state’s ability to exercise coercive power, which sometimes leads to contractual failure that results in replacing franchise and regulatory frameworks with public enterprise. Regulatory Failure and Renewal demonstrates that public enterprise arose not so much as part of a purposive choice but because of reoccurring failures in the contractual process between the Canadian state and private enterprise.

Author : Peter Kincaid
Publisher : Dartmouth Publishing Company
Page : 392 pages
File Size : 44,9 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060997876

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Privity by Peter Kincaid Pdf

Privity is an extensive analysis of the theoretical issues raised by the question of third-party rights in contract. More than just an examination of the practical problems of the Privity rule itself, it questions whether contract is to be seen as a matter of public regulation or private justice.

Author : Stefan Grundmann
Publisher : European Contract law and Theory
Page : 0 pages
File Size : 48,9 Mb
Release : 2018
Category : Contracts
ISBN : 1780684770

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European Contract Law in the Digital Age by Stefan Grundmann Pdf

The book offers an overview of the interactions between digital technologies and contract law, focusing largely on the two Proposals of the EU Commission of 2016 on digital contracting and digital contents.

Author : Franco Ferrari,Stefan Leible
Publisher : Walter de Gruyter
Page : 393 pages
File Size : 53,5 Mb
Release : 2009-11-16
Category : Law
ISBN : 9783866538573

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Rome I Regulation by Franco Ferrari,Stefan Leible Pdf

Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.

Author : Horst Eidenmüller
Publisher : Philip's
Page : 511 pages
File Size : 48,5 Mb
Release : 2013
Category : Competition, International
ISBN : 3832972684

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Regulatory Competition in Contract Law and Dispute Resolution by Horst Eidenmüller Pdf

In many regions of the world and across various fields, the law has become a 'product.' Individuals and companies seek attractive legal regulations, while countries advertise their legal wares globally as they compete for customers. To analyze this development and to develop policy recommendations with respect to contract law and dispute resolution, a conference was held in Munich in October 2011, bringing together leading scholars from the US and Europe. This book contains the papers and main comments produced for the conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterization of contract law, and the US and English civil procedural traditions. The book is an important and useful study for an area of growing importance.

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 51,7 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Author : Ralph C. Nash
Publisher : CCH Incorporated
Page : 614 pages
File Size : 40,8 Mb
Release : 1998
Category : Government purchasing
ISBN : STANFORD:36105062295261

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The Government Contracts Reference Book by Ralph C. Nash Pdf

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell
Publisher : Unknown
Page : 180 pages
File Size : 46,8 Mb
Release : 2019-09-27
Category : Electronic
ISBN : 1680923021

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Business Law I Essentials by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell Pdf

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Author : Paula Bäckdén
Publisher : Taylor & Francis
Page : 364 pages
File Size : 49,6 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780429685859

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The Contract of Carriage by Paula Bäckdén Pdf

The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier’s liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.

Author : Anna Beckers
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2015
Category : Contracts (International law)
ISBN : OCLC:993043272

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Regulating Corporate Regulators Through Contract Law? by Anna Beckers Pdf

Codes of conduct transcend the boundaries between the concepts of self-regulation, contract and regulation. This contribution focuses specifically on the phenomenon of corporate codes of conduct and argues that these codes can be described as a genuine form of regulation initiated by corporations, which as a consequence requires private law as the applicable legal framework to become more regulatory itself. In the context of this paper, corporate codes are defined as unilateral selfcommitments by companies to respect fundamental societal interests, such as human rights, labour standards or environmental protection, and the specific focus is on the role of contract law in regulating this corporate regulatory activity. To that end, the paper consists of four parts: it starts by proffering an explanation of why the phenomenon of corporate codes of conduct has only recently started to interest contract law scholars. It continues by analysing the way in which corporations use (and do not use) contracts and contract law enforcement in developing and practising their codes, and how contract law doctrine perceives this strategy. It reveals that there is currently a high degree of uncertainty over how contract law doctrine should react to this phenomenon. A normative argument is therefore developed and contextualised in favour of a stronger role for contract law in enforcing and regulating corporate codes. The paper concludes by emphasising the need for contract law to become regulatory in a novel sense: rather than focussing solely on the regulation of private actors via mandatory rules, contract law needs to be responsive to the conflict brought about by regulation through corporate codes of conduct by specifying clear rights and obligations that corporate regulators incur through adopting of a code of conduct.

Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 47,5 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

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Civil Code of Lower Canada by Québec (Province) Pdf