The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision PDF Download
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Author: Başak Başoğlu
Publisher: Springer
ISBN: 331927256X
Category : Law
Languages : en
Pages : 340
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Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author: Başak Başoğlu
Publisher: Springer
ISBN: 331927256X
Category : Law
Languages : en
Pages : 340
Get Book Here
Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author: W. Schinkel
Publisher: Springer
ISBN: 023025134X
Category : Social Science
Languages : en
Pages : 259
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Book Description
This book provides a novel approach to the social scientific study of violence. It argues for an 'extended' definition of violence in order to avoid subscribing to commonsensical or state propagated definitions of violence, and pays specific attention to 'autotelic violence' (violence for the sake of itself), as well as to terrorism.
Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Category : Law
Languages : en
Pages : 248
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Book Description
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Author: Giovanni Comandé
Publisher: Kluwer Law International
ISBN: 9789403521213
Category :
Languages : en
Pages : 328
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Italy. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value asa contribution to the study of medical law in the international context.
Author: Anthony Pagden
Publisher: Cambridge University Press
ISBN: 9780521386661
Category : History
Languages : en
Pages : 380
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Book Description
Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Author: Wolfgang Palaver
Publisher: MSU Press
ISBN: 1609173651
Category : Literary Criticism
Languages : en
Pages : 576
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Book Description
A systematic introduction into the mimetic theory of the French-American literary theorist and philosophical anthropologist René Girard, this essential text explains its three main pillars (mimetic desire, the scapegoat mechanism, and the Biblical “difference”) with the help of examples from literature and philosophy. This book also offers an overview of René Girard’s life and work, showing how much mimetic theory results from existential and spiritual insights into one’s own mimetic entanglements. Furthermore it examines the broader implications of Girard’s theories, from the mimetic aspect of sovereignty and wars to the relationship between the scapegoat mechanism and the question of capital punishment. Mimetic theory is placed within the context of current cultural and political debates like the relationship between religion and modernity, terrorism, the death penalty, and gender issues. Drawing textual examples from European literature (Cervantes, Shakespeare, Goethe, Kleist, Stendhal, Storm, Flaubert, Dostoevsky, Proust) and philosophy (Plato, Camus, Sartre, Lévi-Strauss, Derrida, Vattimo), Palaver uses mimetic theory to explore the themes they present. A highly accessible book, this text is complemented by bibliographical references to Girard’s widespread work and secondary literature on mimetic theory and its applications, comprising a valuable bibliographical archive that provides the reader with an overview of the development and discussion of mimetic theory until the present day.
Author: Dieter Grimm
Publisher: Oxford University Press
ISBN: 0191090964
Category : Law
Languages : en
Pages : 401
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Book Description
Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Author: Krisztina Karsai
Publisher:
ISBN: 9789041166425
Category : Criminal law
Languages : en
Pages : 0
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Book Description
"This book was originally published as a monograph in the International encyclopaedia of laws/Criminal law."
Author: David Lyon
Publisher: John Wiley & Sons
ISBN: 0745655904
Category : Social Science
Languages : en
Pages : 179
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Book Description
New ID card systems are proliferating around the world. These may use digitized fingerprints or photos, may be contactless, using a scanner, and above all, may rely on computerized registries of personal information. In this timely new contribution, David Lyon argues that such IDs represent a fresh phase in the long-term attempts of modern states to find stable ways of identifying citizens. New ID systems are “new” because they are high-tech. But their newness is also seen crucially in the ways that they contribute to new means of governance. The rise of e-Government and global mobility along with the aftermath of 9/11 and fears of identity theft are propelling the trend towards new ID systems. This is further lubricated by high technology companies seeking lucrative procurements, giving stakes in identification practices to agencies additional to nation-states, particularly technical and commercial ones. While the claims made for new IDs focus on security, efficiency and convenience, each proposal is also controversial. Fears of privacy-loss, limits to liberty, government control, and even of totalitarian tendencies are expressed by critics. This book takes an historical, comparative and sociological look at citizen-identification, and new ID cards in particular. It concludes that their widespread use is both likely and, without some strong safeguards, troublesome, though not necessarily for the reasons most popularly proposed. Arguing that new IDs demand new approaches to identification practices given their potential for undermining trust and contributing to social exclusion, David Lyon provides the clearest overview of this topical area to date.
Author: Ian Kerr
Publisher: Oxford University Press
ISBN: 0199707014
Category : Law
Languages : en
Pages : 587
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Book Description
During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy debates arising from these new and emerging technologies have been fragmented. There have been few examples of interdisciplinary dialogue about the potential for anonymity and privacy in a networked society. Lessons from the Identity Trail fills that gap, and examines key questions about anonymity, privacy and identity in an environment that increasingly automates the collection of personal information and uses surveillance to reduce corporate and security risks. This project has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes.
