the effects of financial crises on the binding force of contracts renegotiation rescission or revision

Download Book The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision in PDF format. You can Read Online The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision here in PDF, EPUB, Mobi or Docx formats.

The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision

Author : Başak Başoğlu
ISBN : 9783319272566
Genre : Law
File Size : 36. 93 MB
Format : PDF, Docs
Download : 165
Read : 865

Download Now Read Online

This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

The Impact Of Corruption On International Commercial Contracts

Author : Michael Joachim Bonell
ISBN : 9783319190549
Genre : Law
File Size : 77. 97 MB
Format : PDF, ePub, Mobi
Download : 873
Read : 289

Download Now Read Online

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Lawyers And Mediation

Author : Bryan Clark
ISBN : 9783642234743
Genre : Law
File Size : 53. 53 MB
Format : PDF, ePub
Download : 297
Read : 408

Download Now Read Online

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.

Public And Private Enforcement Of Competition Law In Europe

Author : Kai Hüschelrath
ISBN : 3662439743
Genre : Law
File Size : 59. 31 MB
Format : PDF, Mobi
Download : 689
Read : 369

Download Now Read Online

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Fundamentals Of Building Contract Management

Author : Thomas E. Uher
ISBN : 9781742230214
Genre : Business & Economics
File Size : 22. 27 MB
Format : PDF, ePub
Download : 542
Read : 799

Download Now Read Online

Contracts are vital to the construction delivery process; they direct and govern every move. This book strips the legal mystique and jargon from contracts and exposes their basic logic.

Integrating Sustainable Development Into International Investment Agreements

Author : John Anthony VanDuzer
ISBN : 9781849290869
Genre : Business & Economics
File Size : 85. 1 MB
Format : PDF
Download : 124
Read : 554

Download Now Read Online

This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Housing Finance Policy In Emerging Markets

Author : Loic Chiquier
ISBN : 9780821377512
Genre : Social Science
File Size : 72. 7 MB
Format : PDF, Kindle
Download : 715
Read : 448

Download Now Read Online

Housing finance markets have been changing dramatically in both emerging and developed economies. On the one hand, housing finance markets are expanding and represent a powerful engine for economic growth in many emerging economies. However, the unfolding sub-prime mortgage crisis highlights the risks and potential turbulence that this sector can introduce into the financial system when expanding without proper infrastructure and regulation. As housing finance keeps growing in emerging economies to match a rising demand for housing, new risk management approaches, business models, funding tools, and policy instruments can help. Yet many questions remain about the right balance between innovation and regulation, the extent of risks to the financial system, the appropriate role of the state to promote affordable housing, and the effects of the sub-prime crisis. This book provides a guide for policymakers dealing with housing finance in emerging markets. It highlights the prerequisites for an effective housing finance system; it lays out several policy alternatives and models of housing finance; and it explores the role of governments in expanding access to housing finance for lower-income households. There is no "best" model set out in this book. The aim is to provide a developmental roadmap that can be tailored and sequenced to each country's situation and timing.

Top Download:

New Books