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Book
Philosophical foundations of contract law
Authors: --- ---
ISBN: 9780198713012 9780198713029 0198713010 Year: 2014 Publisher: Oxford: Oxford university press,

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Book
La qualité du contractant comme critère légal de protection : essai de méthodologie législative
Authors: ---
ISBN: 2275022805 9782275022802 Year: 2002 Volume: 382 Publisher: Paris: Librairie générale de droit et de jurisprudence,

From promise to contract : towards a liberal theory of contract
Author:
ISBN: 1841132128 9781841132129 Year: 2003 Publisher: Oxford : Hart,


Book
Agreements : a philosophical and legal study
Author:
ISBN: 1107226104 1139365657 1280647361 1139378198 9786613633415 1139375334 1139047167 1139376764 1139379623 1139371347 9781139379625 9781139376761 0521885604 9780521885607 9781139375337 9781139047166 Year: 2012 Publisher: Cambridge ; New York : Cambridge University Press,

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Combining rigorous philosophical analysis with a deep knowledge of law, this study of agreements illuminates legal doctrine by philosophical theory and vice versa. Against the prevailing philosophical view of agreements, the book argues that they are to be understood in terms not of promises but of offer and acceptance. Topics covered include the obligations associated with agreements; the practical reasoning that leads parties to make and perform agreements; the relation between agreement and intention; and the reasons the State has to intervene in agreements. There are also separate chapters devoted to doctrines of agreement in the laws of contract, competition and conspiracy.

Implicit dimensions of contract : discrete, relational and network contracts
Authors: --- ---
ISBN: 1841133493 9781841133492 Year: 2003 Volume: 3 Publisher: Oxford: Hart,


Book
Contractual renegotiations and international investment arbitration
Author:
ISBN: 9789004407466 9004407464 9004407472 9789004407473 Year: 2020 Volume: 14 Publisher: Leiden Boston Brill | Nijhoff

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"In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the tangible and sensitive problem of the renegotiation of state contracts, and the relationship between those contracts and the overarching international investment treaties. By bringing novel insights from economics, the author deconstructs and decodes the contract-treaty interaction by showing that it is not only treaties that have an impact on the underlying contracts, but also those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, the author shows instead that such contracts are first and foremost "economic animals" and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction"


Book
The choice theory of contracts
Authors: ---
ISBN: 1108206751 110821620X 1316477045 1107135982 1316501701 9781316501702 9781316477045 9781107135987 Year: 2017 Publisher: Cambridge: Cambridge university press,

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This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law

The richness of contract law : an analysis of critique of contemporary theories of contract law
Author:
ISBN: 0792343360 0792350634 9401156808 9780792343363 Year: 1997 Volume: 28 Publisher: Dordrecht: Kluwer Academic Publishers,

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Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.


Book
Reasonableness and responsibility : a theory of contract law
Author:
ISSN: 15724395 ISBN: 9400746040 9786613946317 9400746059 1283633868 9401781117 9789400746046 Year: 2013 Volume: v. 101 Publisher: New York : Springer,

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If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

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