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The Future of the Commercial Contract in Scholarship and Law Reform

European and Comparative Perspectives

  • Book
  • © 2018

Overview

Editors:
  1. Maren Heidemann

    1. Institute of Advanced Legal Studies, School of Advanced Studies, University of London, London, UK

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  2. Joseph Lee

    1. Law School, University of Exeter, Exeter, UK

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    You can also search for this editor in PubMed   Google Scholar

  • Clear focus on commercial contract law
  • Combination of private and public law aspects in one volume
  • Contributions from more than ten jurisdictions
  • Concise information of specialist contemporary aspects of commercial contracts
  • Authors with practitioner background

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Table of contents (17 chapters)

  1. Front Matter

    Pages i-xiv
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  2. The Future of the Commercial Contract in Scholarship and Law Reform: An Introduction

    • Maren Heidemann
    Pages 1-23

  3. General Theory of Commercial Contract and Aspects of Law Reform

    1. Front Matter

      Pages 25-25
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    2. What Does the Transnationalisation of the Commercial Contract Mean? Is There a New Model and Are There Minimum Standards? Is There a Law and Economics Perspective?

      • Jan H. Dalhuisen
      Pages 27-50

    3. The Nexus of Contracts Theory and Intra-Corporate Dispute Arbitration

      • Joseph Lee
      Pages 51-71

    4. Civil Code Reform in Japan: Is the New Regulation of Standard Contract Terms a Desirable One?

      • Antonios Karaiskos
      Pages 73-98

    5. The New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship

      • Catherine Pédamon
      Pages 99-126

    6. The Withdrawal of the Common European Sales Law Proposal and the European Commission Proposal on Certain Aspects Concerning Contracts for the Online and Other Distance Sales of Goods

      • Despina Anagnostopoulou
      Pages 127-163

  4. Selected Aspects of Commercial Contract Law in Practice: Good Faith, Collaboration and Sustainability in Commercial Contracts

    1. Front Matter

      Pages 165-165
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    2. Original Equipment Manufacturing Contract and Three-Way Bargaining: Cooperation, Control, and the Opportunism Within

      • Chien-Chung Lin
      Pages 167-187

    3. Uncertainty, Speculation, Subjectivity: The Expanding Judicial Role in Sovereign Debt Workouts

      • Dania Thomas
      Pages 189-221

    4. Approximation of Secured Credit Laws in Global Economies: Methodological Challenges

      • Muriel Renaudin
      Pages 223-250

    5. Capturing Collaboration in Construction Contracts in Their Commercial Context

      • David Christie
      Pages 251-281

    6. Commercial Contracts and Corporate Social Responsibility Values: A European Perspective and an Attempt of a Normative Approach

      • Alexandra Horváthová
      Pages 283-308

    7. Towards a Fairer Trading System for Micro and Small Businesses Post-Brexit? Comparative Aspects with Other Common Law Systems

      • Sara Hourani
      Pages 309-339

  5. Commercial Contract Law at the Interface Between Private and Public Law: Interactions, Influences and Impacts

    1. Front Matter

      Pages 341-341
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    2. From Public Law to Private Law: The Remarkable Story of bona fides

      • Daniele D’Alvia
      Pages 343-368

    3. Private and Public in the Design of Commercial Law: Lessons from the History of Bills of Exchange

      • Janwillem Oosterhuis
      Pages 369-388

    4. ICSID Arbitration Clauses in Contracts: Time for a Revival?

      • Hendrik Puschmann, Andreas Geroldinger
      Pages 389-405

    5. Object and Purpose as Interpretation Tool in International Commercial Law Conventions: How to Make the ‘Top Down Approach’ Work

      • Maren Heidemann
      Pages 407-435
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Keywords

About this book

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.

Editors and Affiliations

  • Institute of Advanced Legal Studies, School of Advanced Studies, University of London, London, UK

    Maren Heidemann

  • Law School, University of Exeter, Exeter, UK

    Joseph Lee

About the editors

Maren Heidemann is a qualified lawyer (Germany) and Visiting Fellow at the Institute of Advanced Legal Studies at School of Advanced Studies, University of London, England, United Kingdom.
Joseph Lee is Senior Lecturer at the Law School, University of Exeter, Exeter, England, United Kingdom.


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