The Future of the Commercial Contract in Scholarship and Law Reform PDF Download
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Author: Maren Heidemann
Publisher: Springer
ISBN: 3319959697
Category : Law
Languages : en
Pages : 472
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Book Description
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: Maren Heidemann
Publisher: Springer
ISBN: 3319959697
Category : Law
Languages : en
Pages : 472
Get Book Here
Book Description
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
Publisher: Springer Nature
ISBN: 3031141059
Category : Law
Languages : en
Pages : 323
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Book Description
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: Mads Andenas
Publisher: Taylor & Francis
ISBN: 1040006418
Category : Law
Languages : en
Pages : 222
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Book Description
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: Joseph Lee
Publisher: Springer Nature
ISBN: 3030723453
Category : Law
Languages : en
Pages : 281
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Book Description
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
ISBN: 1000821463
Category : Law
Languages : en
Pages : 280
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Book Description
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
ISBN: 3031284976
Category :
Languages : en
Pages : 1099
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Book Description
Author: Pablo Marcello Baquero
Publisher: Bloomsbury Publishing
ISBN: 1509929983
Category : Law
Languages : en
Pages : 279
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Book Description
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
Publisher: Edward Elgar Publishing
ISBN: 1800379951
Category : Law
Languages : en
Pages : 320
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Book Description
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
ISBN: 100061090X
Category : Law
Languages : en
Pages : 118
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Book Description
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
ISBN: 3030482103
Category : Business & Economics
Languages : en
Pages : 205
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Book Description
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.
