The future of the commercial contract in scholarship and law reform European and comparative perspectives /: European and comparative perspectives. (2018)

• Record Type: Book
• Further Information: Note: Maren Heidemann, Joseph Lee, editors.
• Other Names: Heidemann, Maren; Lee, Joseph
• Contents: Intro; Preface; Foreword; The Autonomy of Commercial Law?; The CCFL Research Project; The Dichotomies of Contract Law and the Future of the Commercial Contract; The CCFL Research Project and This Book; Contents; List of Contributors; The Future of the Commercial Contract in Scholarship and Law Reform: An Introduction; 1 Introduction; 2 The Structure of This Volume; 3 Merchant Law in Law Reform (Part I); 3.1 Nature and Models of Merchant Law: Identities vs. Purpose; 3.2 The Role of Commercial Contract Law in Recent Law Reform Projects 3.2.1 Reform of Civil and Commercial Codes in Germany and EU Consumer Law3.2.2 Reform of the Commercial Code in Austria and the Role of EU Terminology; 3.2.3 Reform in the United Kingdom: The Consumer Rights Act 2015; 3.2.4 Reform of the French and Japanese Civil Code: Standard Contract Terms; 4 Scholarship on Selected Aspects of Commercial Contracts (Part II); 4.1 Cooperation, Renegotiation and Contract Adaptation; 4.2 Regulation and Self-Governance; 4.3 Uniform Law and Cross Border Enforcement; 5 Commercial Contract Law and Public International Law: The Cart Before the Horse? (Part III) 5.1 Historic Trajectory5.2 Contract Law in the Shape of Treaties; 5.3 EU Financial Regulation and Investor-State Disputes; 5.4 Are Treaties the Tool of Choice?; 6 Conclusions and Outlook; References; Part I: General Theory of Commercial Contract and Aspects of Law Reform; 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?; 1 What Is a Commercial Contract? 2 What Are the Main Features of the Common Law and Civil Law Commercial Contract Model. Extra-Contractual Rights and Obligations. Interpretation and Gap-Filling. Good Faith and Specific Performance in Civil and Common Law3 How Does the Professional Contract Progress in the International Flows? The Emergence of a Transnational Commercial and Financial Legal Order and Its Significance; 4 The Meaning and Reach of Fundamental Principle and the Challenge of International Minimum Standards; 5 The Contribution of Law and Economics; 6 Conclusion; References The Nexus of Contracts Theory and Intra-Corporate Dispute Arbitration1 Introduction; 2 The Theory of Company Law and Arbitrability of Corporate Law; 3 Contract-Based ICD Arbitration; 4 The Interaction Between UK Companies Act 2006 and Arbitration; 5 The Court's Inherent Power to Grant Redress May Not Be Exclusive; 6 Derivative Action; 7 Corporate Value, Shareholder Value and Social Value; 8 ICD Arbitration and International Joint Venture; 9 Other Jurisdictions; 9.1 China: Differences Between Domestic-Listed Chinese Companies and Foreign/HK-Listed Chinese Companies
• Publisher Details: Cham : Springer
• Publication Date: 2018
• Extent: 1 online resource (472 p.)
• Subjects: 340.92; Law; Commercial law; Contracts; Conflict of laws; LAW / Essays; LAW / General Practice; LAW / Jurisprudence; LAW / Paralegals & Paralegalism; LAW / Practical Guides; LAW / Reference; Law -- International; Business & Economics -- Business Ethics; International law; Business ethics & social responsibility; Social responsibility of busines; International economic & trade law; Electronic books
• Languages: English
• ISBNs: 3319959697; 9783319959696
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.