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1
Ivanov, V. Problemi na neustoĭkata v grazhdanskoto pravorazdavane: Sŭdebna i arbitrazhna praktika, komentarni belezhki. Sofii︠a︡: Nova zvezda, 2011.
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Knowles, Roger. 150 Contractual Problems and their Solutions. Oxford, UK: Blackwell Publishing Ltd, 2005. http://dx.doi.org/10.1002/9780470759455.
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Knowles, Roger. 200 Contractual Problems and their Solutions. Oxford, UK: Wiley-Blackwell, 2012. http://dx.doi.org/10.1002/9781118257050.
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200 contractual problems and their solutions. 3rd ed. West Sussex, UK: Wiley-Blackwell, 2012.
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One hundred contractual problems and their solutions. Oxford: Blackwell Science, 2000.
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Turianu, Corneliu. Probleme speciale de drept civil: Introducere în dreptul civil, contracte speciale, dreptul de moștenire. București: Editura Fundației "România de Mâine", 2000.
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Dëmkina, A. V. Gosudarstvennye i munit︠s︡ipalʹnye zakupki: Problemy primenenii︠a︡ grazhdansko-pravovykh sankt︠s︡iĭ. Moskva: Norma, 2012.
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9
Barucci, Piero, Piero Bini, and Lucilla Conigliello, eds. I mille volti del regime. Florence: Firenze University Press, 2020. http://dx.doi.org/10.36253/978-88-5518-202-7.
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The volume collects eight essays on Italian politics, economics, law and culture during Fascism. Several of the writings highlight the role played by important personalities, some attached to the regime, such as Guido Jung or Alberto Beneduce, some at the opposition, as Luigi Sturzo and Alcide De Gasperi. Other essays focus on the relationship between fascism and scholars of law as Costantino Mortati and Vezio Crisafulli, or economists such as Vilfredo Pareto and Maffeo Pantaleoni. Lastly, three writings deal, respectively, with the dissolution of the Masonic lodges in 1925, the extension of the legal institute of self defense to the protection of property, and, finally, the problems incurred by Italy between the 1920s and 1930s in repaying the debts contracted during the First World War.
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Knowles, J. Roger. 150 Contractual Problems and Their Solutions. Wiley & Sons, Incorporated, John, 2008.
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Knowles, J. Roger. 200 Contractual Problems and Their Solutions. Wiley & Sons, Incorporated, John, 2012.
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Knowles, J. Roger. 150 Contractual Problems and Their Solutions. Wiley & Sons, Incorporated, John, 2008.
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Knowles, J. Roger. 200 Contractual Problems and Their Solutions. Wiley & Sons, Incorporated, John, 2012.
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14
Knowles, J. Roger. 200 Contractual Problems and Their Solutions. Wiley & Sons, Incorporated, John, 2012.
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15
Knowles, Roger. One Hundred and Fifty Contractual Problems and Their Solutions. 2nd ed. Blackwell Publishing Limited, 2005.
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16
Gerard, McMeel. Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0011.
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This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.
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Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.9. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0114.
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This commentary analyses Article 6.1.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning currency of payment. Art 6.1.9 addresses the problems that can arise if the required currency for payment (‘currency of account’) and the legal currency at the place of payment differ; that is, if a foreign money obligation features in the contract. The main questions that arise from such a scenario are whether there is a right of conversion — the right to effect or ask for payment in the legal currency of the place of payment — and, if so, which party is entitled to exercise that right and which is the applicable rate of conversion. This commentary discusses the obligor's right to pay in either contractual or legal currency, the obligee's right to request payment in either contractual or legal currency, application of exchange rate when payment is on time and when the obligor is in default, problems related to devaluation or revaluation, and burden of proof with respect to currency of payment.
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Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0110.
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This commentary focuses on Article 6.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning early performance of a contractual obligation. Art 6.1.5(1) stipulates that the obligor is not entitled to early performance. Early performance is equated with non-performance and may be rejected by the obligee without any further justification. The problem of premature performance only arises if the parties have fixed a date or a period of performance with a definite starting date. This commentary discusses the rule disallowing early performance of contractual obligations, an exception to the rule, and consequences of acceptance of early performance with particular emphasis on additional expenses, remedies for non-performance, right of obligor to discount, and time of counter-performance.
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Gerard, McMeel. Part III Particular Contractual Provisions, 23 Modification of Remedies: Express Termination, Retention of Title, and No Set-Off Clauses. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0023.
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This chapter considers express termination clauses in detail, and briefly considers retention of title clauses and clauses restricting set-off. As a matter of general principle, parties are free to incorporate their own express regimes for termination of the contract; such clauses are common in contracts of any significant duration. The chapter presents an overview of the process and examines the issues which might arise from express termination clauses. With the retention of title clauses (or Romalpa clauses), the chapter focuses on issues of construction and characterization to address the numerous problems of such clauses. Finally, the chapter considers the law of set-off, which provides the regime for determining whether a cross-claim may be advanced in the same proceedings to reduce, extinguish, or even exceed the claimant's prima facie claim.
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Hooghe, Liesbet, Tobias Lenz, and Gary Marks. A Theory of International Organization. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198766988.001.0001.
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This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO’s membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for seventy-six IOs for 1950–2010.
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Eidenmüller, Horst. Comparative Corporate Insolvency Law. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.42.
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This chapter deals with fundamental issues of corporate insolvency (bankruptcy) law. Particular attention is paid to the agency problems related to “insolvency (bankruptcy) governance” of corporations and how these problems are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares different legal regimes against the yardstick of economic efficiency. The structure of the chapter follows the issues as they arise in time in a corporate insolvency proceeding: objectives of insolvency laws, opening and governance of proceedings, ranking of claims and the position of secured creditors and shareholders, and rescue proceedings. The chapter also covers the contractual resolution of financial distress. It concludes with thoughts on the reasons for the identified jurisdictional divergences and an outlook on the worldwide efforts toward harmonization of (corporate) insolvency laws. In terms of jurisdictions, the chapter mainly draws on the corporate insolvency laws in the US, England, France, and Germany.
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David, Horton. III Trust Arbitration as a Matter of National Law, 9 Donative Trusts and the United States Federal Arbitration Act. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0009.
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This chapter considers whether and to what extent internal trust arbitration falls under the auspices the Federal Arbitration Act (FAA). It begins by comparing the evolution of contractual arbitration under the FAA to trust arbitration under state law. It then explains why these parallel developments are on a collision course. Specifically, it argues that some arbitration provisions in trusts trigger section 2 of the FAA because they arise from contract-like instruments that affect commerce and because the parties’ conduct gives rise to an implicit agreement to arbitrate. Finally, the chapter addresses two thorny problems that are likely to emerge in trust arbitration under the FAA: how to handle the in rem nature of some trust matters and the role of delegation clauses in trusts.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803850.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840442.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897336.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.
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Lin, Yi-min. The Evolving Structure of Public Finance. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190682828.003.0004.
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Chapter 3 examines the evolution of the fiscal system, with a view to setting up a backdrop for the analysis of its implications for privatization in subsequent chapters. What the chapter illustrates is that the post-Mao fiscal structure was path dependent in that it continued to bear some essential features of the old system while seeking to address some of its main problems through decentralization and with the incorporation of a contractual element in fiscal relations. These features and changes had profound impact on the economic strategies of local governments concerning public and private enterprises. Unintended consequences of earlier reforms led to a major fiscal restructuring in the mid-1990s. It redefined the self-interest calculus of local political actors, whose responses hastened the decline of public enterprises.
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Waddams, Stephen. Contract Law and the Challenges of Computer Technology. Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199680832.013.12.
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Many aspects of contract law, developed before the age of computer technology, require re-evaluation in the twenty-first century. The following matters will be considered: the postal acceptance rule in the digital age; e-mail messages, in particular whether a name or initial typed in the message constitutes a 'signature' for all purposes, and whether the sender's name in the address does so; clicking on a box on a computer screen as manifestation of assent, and whether it satisfies express statutory or contractual requirements of 'signature'; sealed instruments in the computer age; use of a website as manifestation of assent ('browse-wrap' so-called); and, more generally, problems of standard form contracts, consumer protection, and unfair terms, exacerbated (I would argue), though not originated, by computer technology. Illustrations are drawn both from English and from Canadian law.
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Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0111.
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This commentary analyses Article 6.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the place of performance of a contractual obligation. The place of performance is the place at which the obligor has to perform the acts necessary to honour its obligation. According to Art 6.1.6, monetary obligations must be discharged at the place of business of the obligee and non-monetary obligations at the place of business of the obligor. This commentary discusses the relevance of place of performance, problems related to interpretation of stipulations regarding place of performance, default rule for determining place of performance, place of performance for non-performance and restitution claims, the notion of place of business and consequences of a change in place of business or a change of parties, legal consequences related to performance at a wrong place, and burden of proof relating to place of performance.
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Ince, Onur Ulas. Letters from Sydney. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190637293.003.0005.
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This chapter examines Wakefield’s political economic arguments and policy proposals for the colonial settlement of Australasia as a systematic solution to the demographic problems of overpopulation in Britain and underpopulation in Britain’s colonies. It is argued that Wakefield’s theory of “systematic colonization” aimed to protect the British capitalist civilization from social revolution at home and frontier barbarism in the colonies. Equating capitalist civilization with wage labor, Wakefield planned for the creation of a legally free yet structurally dependent colonial labor force. This would be achieved by imposing preemptive crown rights and artificially inflated prices on colonial lands, which would prevent poor emigrants from becoming landowners and force them to work for colonial capitalists. Cognizant of the illiberality of instituting colonial wage servitude by the imperial state, Wakefield fabricated a utilitarian myth of “contractual dispossession,” recasting systematic colonization and colonial proletarianization as the enforcement of an original “settler contract” among colonists.
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Stephen J, Lubben. Part I United States, 3 Lehman’s Derivative Portfolio: A Chapter 11 Perspective. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0003.
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This chapter looks at the immediate cause of Lehman’s failure, which it argues was the repo market and the company’s inability to access funding for its operations at that time. Lehman’s derivatives were not the direct cause of its failure, but its derivatives, and the growth of the derivatives markets in general, led to the assumption of outsized risks and systemic weaknesses that facilitated the crisis. This chapter suggests that the continuation of the safe harbours ‘as is’ renders chapter 11 nonviable for larger financial institutions, and recent contractual attempts to work around the safe harbors are insufficient to solve the problem, while the increased role of clearinghouses in financial institution failures will force regulators to confront difficult choices. In short, the regulators will have to balance two competing systemic risks: the risk of an unruly resolution of the financial institution, balanced against increased risk to the clearinghouse.
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Epstein, William M. Year Up. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190467067.003.0006.
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Chapter 5 describes, evaluates, and reinterprets the private sector social service program Year Up as a ceremony of social values rather than as a successful response to a social problem. The program is intended to provide poor minority urban youths access to the job market by offering short-term academic and skills training. Its claims to success are based on contracted evaluations that are not credible. In the end, Year Up embodies a mythic obligation to affirm heroic individualism as the essence of civic virtue and personal value. Year Up mandates that participants embark on the quest for authenticity through mentoring and training en route to employment. Yet the myth of Year Up defines one of its most enduring attractions. It is inexpensive and highly selective, in the end a very efficient way to certify the nation’s chosenness without disrupting customary social arrangements, without redefining the relationship among people, and notably without transferring great amounts of assets and income to those in need.
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Stonebridge, Lyndsey. Simone Weil’s Uprooted. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797005.003.0005.
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For Simone Weil, deracination was the tragic condition of modern times, affecting not only refugees and the dispossessed, but all who capitalism and colonialism had torn from their roots. This chapter turns to her last works to connect her work on rootlessness to Weil’s critique of human rights. ‘To place the notion of rights at the centre of social conflicts is to inhibit any possible impulse of charity on both sides,’ she wrote. Rights are there to be fought for, contracted, defended; as such, they have served the same forces of expansion and domination that, as she demonstrated in her sublime wartime reading of the Iliad, relentlessly transform the living into ‘things’. Nobody from the period went further into the dark background of difference than Weil. The problem was that she could not find a way out. In the end, Weil’s efforts to live by charity alone—to root oneself in the suffering of others—were as death-driven as the forces of injustice and imperialism she railed against.
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Chen-Wishart, Mindy, Alexander Loke, and Stefan Vogenauer, eds. Formation and Third Party Beneficiaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.001.0001.
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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Myanmar, and Indonesia. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
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Chen-Wishart, Mindy, and Stefan Vogenauer, eds. Contents of Contracts and Unfair Terms. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850427.001.0001.
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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters; the first deals with the contents of contracts, while the second deals with unfair terms.
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Sperling, Daniel. Suicide Tourism. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198825456.001.0001.
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This book explores the phenomenon of ‘suicide tourism’. Freedom of movement creates problems with policies constrained by national boundaries and, as more countries contemplate regulating assisted suicide, there is now a pressing need for a theoretical investigation of the issues that provides a thorough appraisal of the global situation. Switzerland is no longer the only country where a person can find assistance for legal suicide. A similar law has been passed in Croatia, and Dutch and Belgian laws do not prohibit assisted suicide for non-residents. Few states in the US provide for physician-assisted suicide for state residents but US citizens from elsewhere can take simple steps to overcome this restriction. As more countries legally permit assisted suicide, suicide tourism will become a larger and more complex global practice. The book sets out the parameters for future debate, first contextualizing the practice and casting light on how it is treated under international and domestic law. It then analyses the ethical ramifications, and considers where the state’s responsibility should lie in dealing with accompanying persons and in regulating contractual agreements. It also contains a sociological and cultural analysis of suicide tourism, a review of policy and media reports on the topic, and interviews with various stakeholders (including policymakers, and medical and patients’ organizations) in Switzerland, Germany, France, Italy, and the UK. The book concludes with a summary of the legal, ethical, political, and sociological dimensions of suicide tourism, offering recommendations for how professionals and policymakers might respond to this evolving phenomenon.