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This Article argues that lawmakers ought to recategorize inheritance law and contracts law as cognate bodies of doctrine within a larger genus of transfers law. The Article proceeds to examine comparatively the justifications for freedom of contracts and freedom of testation, concluding that...
Persistent link: https://www.econbiz.de/10014195255
The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of...
Persistent link: https://www.econbiz.de/10014214517
The term “liberty of contract” is usually associated with the doctrine that the due process clause of the United States … free-market advocates embrace the liberty of contract doctrine because they are averse to State interference with private … market transactions. But the term is ironic because a contract is only legally binding if courts will enforce it. Since …
Persistent link: https://www.econbiz.de/10012982495
, even if it is his representative in the Contract and, one of the most important arguments is that confirms that the …
Persistent link: https://www.econbiz.de/10012983552
The employment relationship is governed largely by contract, but with a heavy overlay of rights: minimum terms and … neither by ordinary contract nor by ordinary rights, nor even by ordinary waivable rights. Consider the two most controversial … contract that I call conditional waivability. Second, it seeks to uncover a common logic underlying the law's choice of this …
Persistent link: https://www.econbiz.de/10014026955
In this study the author examines the two types of procedures of having a contract terminated: by giving notice to the …. Termination of a contract by a judge has deep historical roots in the varying legal systems, such as the French, Romanian or … Russian legal systems. It indicates that a contract should be difficult to put an end to and it would usually compensate for …
Persistent link: https://www.econbiz.de/10013097837
to the Network contract as such concerning its external relevance and consequently in relations between the network as … the main alternative between the “contract” and “organisation”: on the one side, the individual action by which the … factors of production performing on the market are obtained by using the swap contract instrument, with a basically bilateral …
Persistent link: https://www.econbiz.de/10013048589
The banker-customer relationship is a contractual relationship based on a contract between the parties. As a … contractual relationship, it is governed by contract law. However, contract law does not provide the customer with the protection … banking contract is a special contract — a fiduciary contract. Under a fiduciary contract, the bank, as a fiduciary, is …
Persistent link: https://www.econbiz.de/10013055161
Contract law is stuck in a loop of path dependency and stale precedent. Its metaphors, like “the meeting of the minds … deal with the scale and complexity of the digital era, its focus has been on putting parties on notice of contract terms …
Persistent link: https://www.econbiz.de/10014344445
rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent …
Persistent link: https://www.econbiz.de/10013249105