The Future of the Commercial Contract in Scholarship and Law Reform
European and Comparative Perspectives
Editors: Heidemann, Maren, Lee, Joseph (Eds.)
Free Preview- 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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- About this book
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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.
- About the authors
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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.
- Table of contents (17 chapters)
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The Future of the Commercial Contract in Scholarship and Law Reform: An Introduction
Pages 1-23
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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?
Pages 27-50
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The Nexus of Contracts Theory and Intra-Corporate Dispute Arbitration
Pages 51-71
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Civil Code Reform in Japan: Is the New Regulation of Standard Contract Terms a Desirable One?
Pages 73-98
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The New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship
Pages 99-126
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Table of contents (17 chapters)
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Bibliographic Information
- Bibliographic Information
-
- Book Title
- The Future of the Commercial Contract in Scholarship and Law Reform
- Book Subtitle
- European and Comparative Perspectives
- Editors
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- Maren Heidemann
- Joseph Lee
- Copyright
- 2018
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer Nature Switzerland AG
- eBook ISBN
- 978-3-319-95969-6
- DOI
- 10.1007/978-3-319-95969-6
- Hardcover ISBN
- 978-3-319-95968-9
- Edition Number
- 1
- Number of Pages
- XIV, 471
- Topics