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Contracts --- Philosophy --- Contrats --- Philosophie --- Philosophy. --- Philosophie. --- Contracts - Philosophy
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Law of obligations. Law of contract --- France --- Contracts --- Contrats --- Philosophy. --- Philosophy --- 347.42 --- Rechtsgevolgen van verbintenissen. Materiele schade. Morele schade. Schadevergoeding --- 347.42 Rechtsgevolgen van verbintenissen. Materiele schade. Morele schade. Schadevergoeding --- Contracts - France. --- Contracts - Philosophy. --- Contracts - Philosophy
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Contracts --- Promise (Law) --- Philosophy. --- 347.45 --- Bijzondere overeenkomsten --(algemeen) --- 347.45 Bijzondere overeenkomsten --(algemeen) --- Obligations (Law) --- Philosophy --- Contracts - Philosophy. --- Promise (Law) - Philosophy.
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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.
Contracts --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Philosophy. --- Law and legislation --- Philosophy --- Law --- General and Others --- Contracts - England --- Contracts - Philosophy
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Contracts. --- Contracts --- Philosophy. --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Philosophy --- Law and legislation --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Contracts - Philosophy. --- DROIT ANGLO-SAXON --- BONNE FOI --- DROIT CIVIL --- DROIT DES CONTRATS --- CONVENTIONS --- INTERPRETATION
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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"
Investments, Foreign (International law) --- International commercial arbitration. --- Contracts --- Philosophy. --- Investissements étrangers --- Arbitrage commercial international --- Contrats --- Droit international --- Philosophie. --- International commercial arbitration --- Philosophy --- Contracts - Philosophy --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- International law --- Law and legislation --- Relational contract theory --- Investissements étrangers
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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
Contracts --- Social choice. --- Consumers' preferences. --- Brand preferences --- Choice (Economic theory) --- Choice of product --- Preferences, Consumers' --- Product choice --- Consumer behavior --- Consumers --- Revealed preference theory --- Choice, Social --- Collective choice --- Public choice --- Choice (Psychology) --- Social psychology --- Welfare economics --- Philosophy. --- Attitudes --- Contracts - Philosophy --- Social choice --- Consumers' preferences
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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.
Contracts --- Contrats --- Philosophy. --- Philosophie --- Philosophy --- Law—Philosophy. --- Law. --- Commercial law. --- Political science. --- Theories of Law, Philosophy of Law, Legal History. --- Commercial Law. --- Philosophy of Law. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and legislation --- Contracts - United States --- Contracts - Philosophy
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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.
Civil law -- Philosophy. --- Contracts -- Philosophy. --- Corporation law. --- Contracts --- Law, Politics & Government --- Philosophy & Religion --- Philosophy --- Law, General & Comparative --- Contracts. --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Law and legislation --- Law. --- Political philosophy. --- Law --- Civil law. --- Theories of Law, Philosophy of Law, Legal History. --- Political Philosophy. --- Civil Law. --- Philosophy. --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Political science --- Law, Civil --- Private law --- Roman law --- Political philosophy --- Law—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation
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