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The Law of Corporate Finance: General Principles and EU Law

Volume II: Contracts in General

  • Book
  • © 2010

Overview

Authors:
  1. Petri Mäntysaari

    1. Hanken School of Economics, Vaasa, Finland

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  • First attempt to define corporate finance law as an independent field of law with its own principles and tools
  • Discusses the most fundamental objectives of corporate finance law, and a wide range of legal tools
  • Focuses on the perspective of a non-financial firm
  • Introduces a new theory of corporate governance with the firm as the most important principal
  • Imparts a better understanding of corporate governance and the use of law as a financial management tool in Europe
  • Includes supplementary material: sn.pub/extras

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Table of contents (12 chapters)

  1. Front Matter

    Pages i-vii
    Download chapter PDF

  2. Introduction

    • Petri Mäntysaari
    Pages 1-5

  3. Contracts in General: The Legal Framework

    • Petri Mäntysaari
    Pages 7-45

  4. Management of Legal Risk: General Remarks

    • Petri Mäntysaari
    Pages 47-48

  5. Risks that Relate to the Country’s Legal System

    • Petri Mäntysaari
    Pages 49-74

  6. Risks that Relate to the Statements of the Parties

    • Petri Mäntysaari
    Pages 75-186

  7. Management of Counterparty Risk

    • Petri Mäntysaari
    Pages 187-238

  8. Management of Information

    • Petri Mäntysaari
    Pages 239-250

  9. Payment Obligations: Introduction

    • Petri Mäntysaari
    Pages 251-252

  10. Payment Obligations: Traditional Legal Questions

    • Petri Mäntysaari
    Pages 253-279

  11. Generic Forms of Payment Obligations

    • Petri Mäntysaari
    Pages 281-285

  12. Management of Counterparty Credit Risk

    • Petri Mäntysaari
    Pages 287-402

  13. Other Contract Types

    • Petri Mäntysaari
    Pages 403-413

  14. Back Matter

    Pages 1-12
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Keywords

About this book

1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.

Authors and Affiliations

  • Hanken School of Economics, Vaasa, Finland

    Petri Mäntysaari

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