The Future Of The Commercial Contract In Scholarship And Law Reform

Author : Maren Heidemann,Joseph Lee
Publisher : Springer
Page : 471 pages
File Size : 48,8 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783319959696

Get Book

The Future of the Commercial Contract in Scholarship and Law Reform by Maren Heidemann,Joseph Lee Pdf

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.

Author : Mads Andenas,Maren Heidemann
Publisher : Springer Nature
Page : 323 pages
File Size : 45,7 Mb
Release : 2023-03-15
Category : Law
ISBN : 9783031141058

Get Book

Quo vadis Commercial Contract? by Mads Andenas,Maren Heidemann Pdf

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

Author : Larry A. DiMatteo,Qi Zhou,Severine Saintier,Keith Rowley
Publisher : Cambridge University Press
Page : 623 pages
File Size : 41,5 Mb
Release : 2013-01-31
Category : Law
ISBN : 9781107311206

Get Book

Commercial Contract Law by Larry A. DiMatteo,Qi Zhou,Severine Saintier,Keith Rowley Pdf

This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.

Author : Mads Andenas,Maren Heidemann
Publisher : Taylor & Francis
Page : 222 pages
File Size : 40,6 Mb
Release : 2024-04-30
Category : Law
ISBN : 9781040006412

Get Book

Commercial Contract Law and Arbitration by Mads Andenas,Maren Heidemann Pdf

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Author : John Furness Wilson
Publisher : Unknown
Page : 28 pages
File Size : 41,7 Mb
Release : 1969
Category : Law
ISBN : IND:39000007740850

Get Book

Evolution Or Revolution?--prospects for Contract Law Reform by John Furness Wilson Pdf

Author : Michael Furmston
Publisher : Taylor & Francis
Page : 285 pages
File Size : 44,7 Mb
Release : 2020-05-10
Category : Law
ISBN : 9780429509438

Get Book

The Future of the Law of Contract by Michael Furmston Pdf

The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.

Author : Joseph Lee
Publisher : Springer Nature
Page : 281 pages
File Size : 55,7 Mb
Release : 2021-05-20
Category : Law
ISBN : 9783030723453

Get Book

Takeover Law in the UK, the EU and China by Joseph Lee Pdf

This book investigates stakeholders’ interests, market players, and governance models for the takeover market in the changing global economic orders. Authors from the UK, Germany, the Netherlands, Australia, and China discuss takeovers in the context of China as a rising power in the global M&A market and re-examine takeover as an efficient method for corporate competition, consolidation, and restructuring. China has come to embrace takeovers as a market practice and is seeking directions for further reforms of its law, regulatory model, and banking system in order to compete with other economic powers. Yet, China is at a very different economic development stage and has different legal and political structures. State-owned enterprises dominate the Shanghai and Shenzhen stock markets – a very different landscape from UK and European exchanges. Researchers and policy makers are currently developing options in response to needs for reform. Recently, China has also announced the opening of its financial markets to foreign ownership. This book reflects on the UK and European models and focuses on the policy choices for China to transform its capital market. The book is of interest to postgraduate students and researchers (LLM, PhD, postdocs), law and management/finance academics, and policy makers.

Author : Normann Witzleb
Publisher : Taylor & Francis
Page : 280 pages
File Size : 47,5 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000821468

Get Book

Contract Law in Changing Times by Normann Witzleb Pdf

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

Author : Maren Heidemann
Publisher : Springer Nature
Page : 1099 pages
File Size : 54,7 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9783031284977

Get Book

The Transformation of Private Law – Principles of Contract and Tort as European and International Law by Maren Heidemann Pdf

Author : Pablo Marcello Baquero
Publisher : Bloomsbury Publishing
Page : 425 pages
File Size : 53,6 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781509929979

Get Book

Networks of Collaborative Contracts for Innovation by Pablo Marcello Baquero Pdf

With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.

Author : Lee, Joseph,Darbellay, Aline
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 42,9 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781800379954

Get Book

Data Governance in AI, FinTech and LegalTech by Lee, Joseph,Darbellay, Aline Pdf

A comprehensive overview of the governance of urban infrastructures, this Companion combines illustrative cases with conceptual approaches to offer an innovative perspective on the governance of large urban infrastructure systems. Chapters examine the challenges facing urban infrastructure systems, including financial, economic, technological, social, ecological, jurisdictional and demand.

Author : Daniele D'Alvia
Publisher : Routledge
Page : 118 pages
File Size : 49,5 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781000610901

Get Book

International Insolvency and Finance Law by Daniele D'Alvia Pdf

Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.

Author : Christos Nikas
Publisher : Springer Nature
Page : 191 pages
File Size : 53,5 Mb
Release : 2020-08-29
Category : Business & Economics
ISBN : 9783030482107

Get Book

Economic Growth in the European Union by Christos Nikas Pdf

This book studies the economic recovery of individual European Union member states more than ten years after the beginning of the global economic crisis. In light of austerity policies and conservative government investments in many EU countries, it explores how higher growth rates can be achieved by stimulating firms and economic sectors with a high accelerator potential. The contributing authors analyze the effects of EU policies on small and medium-sized enterprises (SMEs), while also studying EU policies with the potential to foster investments and economic growth. Furthermore the book assesses the EU policy on foreign direct investment (FDI) in the member states, in comparison with similar policies in Russia and the US. The authors demonstrate that FDI, besides providing financial resources, can facilitate modernization especially in the high technology sectors. Finally, the book provides a sector analysis and policy recommendations on tourism and immigration, as well as economic protectionism, since tourism has proved to be the most dynamic sector, especially in the European South, while immigration is one of the most serious issues the EU is currently facing. This book will appeal to scholars in economics and related fields, as well as decision-makers and professionals at governmental institutions looking for policy measures and tools to stimulate economic growth.

Author : Hans Steege
Publisher : Springer Nature
Page : 541 pages
File Size : 46,9 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9783031419928

Get Book

Autonomous Vehicles and Civil Liability in a Global Perspective by Hans Steege Pdf

Author : Olha O. Cherednychenko,Mads Andenas
Publisher : Edward Elgar Publishing
Page : 327 pages
File Size : 45,6 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781789908114

Get Book

Financial Regulation and Civil Liability in European Law by Olha O. Cherednychenko,Mads Andenas Pdf

This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.