[PDF] The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision eBook

Author : Başak Başoğlu
Publisher : Springer
Page : 340 pages
File Size : 39,75 MB
Release : 2016-02-25
Category : Law
ISBN : 331927256X

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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 : Martin Schauer
Publisher : Springer
Page : 623 pages
File Size : 34,75 MB
Release : 2017-06-01
Category : Law
ISBN : 940241066X

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This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

Author :
Publisher : Roma TrE-Press
Page : 292 pages
File Size : 50,64 MB
Release :
Category : Law
ISBN :

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Periodico semestrale del Dipartimento di Giurisprudenza

Author : John Cartwright
Publisher : Bloomsbury Publishing
Page : 533 pages
File Size : 37,28 MB
Release : 2017-10-05
Category : Law
ISBN : 1509911596

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The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

Author : Kei Nakajima
Publisher : Cambridge University Press
Page : 381 pages
File Size : 44,33 MB
Release : 2022-09-22
Category : Business & Economics
ISBN : 1009250027

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This book fills the normative gap arising from the absence of a multilateral mechanism for sovereign debt restructuring.

Author : Maria Regina Redinha
Publisher : Cambridge Scholars Publishing
Page : 508 pages
File Size : 30,48 MB
Release : 2018-11-21
Category : Law
ISBN : 1527522032

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The sharing economy is just one of several possible expressions to designate the complex model of social and economic relationships based on the intensive use of digital technology. Constant permutations and combinations allow these relationships to be established through the intervention of a third party making traditional contractual positions flexible in such a way that today’s employee is tomorrow’s entrepreneur, or today’s consumer is tomorrow’s supplier of goods and services. The current legal framework is, in many respects, unable to accommodate such big changes and new legal regulations are required where adaptation of the existing ones proves to be inadequate. This book highlights where changes are needed and where adaptations are required, with a particular focus on the Portuguese, Spanish, Italian, British and Brazilian contexts. For that, four different approaches are undertaken, namely the meta-legal, macro-legal, micro-legal and transnational approaches. The study that results from these different approaches enables readers to acquire a general view on the current legal problems arising from the sharing economy, and was a direct result of a research project of the Centre for Legal and Economic Research, at the University of Porto, funded by Fundação para a Ciência e Tecnologia.

Author : Aikaterini Florou
Publisher : BRILL
Page : 261 pages
File Size : 46,7 MB
Release : 2020-03-02
Category : Law
ISBN : 9004407472

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In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.

Author : Piotr Szwedo
Publisher : BRILL
Page : 402 pages
File Size : 40,34 MB
Release : 2018-11-13
Category : Law
ISBN : 9004382895

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Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Author : Rodrigo Andres Momberg Uribe
Publisher :
Page : 0 pages
File Size : 16,82 MB
Release : 2011
Category : Contracts
ISBN : 9781780680057

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This book studies the situation where unexpected circumstances render the performance of a contract much more difficult or onerous and those which frustrate the purpose of the transaction. It includes a comparative analysis of European and Latin American jurisdictions as well as American contract law.

Author : James Gordley
Publisher : Cambridge University Press
Page : 735 pages
File Size : 15,17 MB
Release : 2021-01-28
Category : Law
ISBN : 1108835848

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Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.