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Economic Analysis of the DCFR
The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.
Research Handbook on Contract Design
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
Symposium
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Comparative Contract Law
Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.
Current Law Index
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Specific Performance in Contract Law
Introduction / Daniel Haas, Geerte Hesen, Jan Smits -- Specific performance in Dutch law / Daniel Haas, Chris Jansen -- Specific performance in Belgian law / Patrick Wéry -- Specirif performance, a German perspective / Florian Faust, Wolker Wiese -- Specific implement in Scots law / Laura Masgregor -- Contractual derogation and the discretion to refuse an order for specific performance in South Africa / Gerhard Lubbe -- Specific performance in English consumer sales law / Vanessa Mak -- Certain aspects of the right of repair and replacement under EC directive 1999/44 and its implementation in Poland / Aneta Wiewiórwska-Domagalska -- Specific performance within the heirarchy of remedies in ...
Contractual Complexity of R&D Alliances - A Two-Dimensional Analysis of the Determinants of Contractual Complexity
There has been little systematic theoretical or empirical analysis on how inter-firm contracts are actually designed. This is problematic because the structure of a contract has a large influence on the extent to which firms will benefit from a contractual relationship. We present a novel perspective on contract design using the construct of contractual complexity. In contrast to previous studies on contractual complexity that only use objective measures, we argue that the degree to which a contract imposes a cognitive load upon contract parties should be taken as a second important dimension of contractual complexity. Using a sample of nearly 300 R&D contracts in the biopharmaceutical indus...
Contract Law and the Governance of Inter-Firm Technology Partnerships - An Analysis of Different Modes of Partnering and Their Contractual Implications
This paper studies some major legal implications of inter-firm technology partnering through equity joint ventures, non-equity partnerships, and licensing contracts. These different partnerships are placed within the classical and relational contracting perspectives, while also considering intellectual property rights issues. Samples of contracts of partnerships in bioscience, fine chemicals, biotechnology and biopharmaceuticals are analysed, in detail, with reference to the distribution of property rights, major contractual clauses, and measures for conflict resolution. Equity joint ventures and non-equity partnerships are found to largely follow a relational contracting perspective, while licensing contracts are governed by a classical contracting perspective.
