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Chapter 1. Introduction -- Chapter 2. Theories of Contract and Contract Law -- Chapter 3. Disagreement, Conflict, and … Retaliation in Breach of Contract -- Chapter 4. Reciprocity and Legal Relief in Breach of Contract -- Chapter 5. Retaliation …This book analyzes the conflict that emerges between parties after a breach of contract and how different legal …
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Economic theory conjectures complementarities between the ranking of creditors in formal insolvency proceedings and the use of collateral in bank loan contracts as well as the exist-ence of relational compared to arm's length lending. In this paper we seek evidence for the-se hypotheses taking...
Persistent link: https://www.econbiz.de/10010425216
This article investigates the not-so-obvious reasons for which the financial mechanism of asset securitization is so poorly relied on in such developed civil law jurisdictions as France and Germany. Analysis is focused on several constituent elements of this mechanism: a possibility to construct...
Persistent link: https://www.econbiz.de/10013139834
A comparative discussion of the legality and problems of price terms which are determined by reference to an index and price terms in foreign currency, focusing on Lithuanian law, with a comparative look at the law of France and Belgium. The point is made that the Civil Code of Lithuania in...
Persistent link: https://www.econbiz.de/10013152321
In Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010), the Supreme Court held that a service station franchisee pursuing a claim of constructive termination against the franchisor must, under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1978), abandon the...
Persistent link: https://www.econbiz.de/10012909041
In response to debt crises, policy makers often feature Collective Action Clauses (CACs) in sovereign bonds among the pillars of international financial architecture. However, the content of official pronouncements about CACs suggests that CACs are more like doorknobs: a process tool with...
Persistent link: https://www.econbiz.de/10012860618
One of the most debated issues in international finance is the meaning of the pari passu clause in sovereign bonds. The clause is ubiquitous; it is in almost every single foreign-law sovereign bond out there. Yet, almost no one seems to agree on its meaning. One way to cut the Gordian knot is to...
Persistent link: https://www.econbiz.de/10013058547
Contract law has long been a favorite area of study among comparative law scholars. Economists have posited that … contract institutions play a central role in economic development. Yet, in sharp contrast to the state-of-the-art in other … fields (such as corporate law and bankruptcy law), the possible role of contract laws in shaping economic outcomes remains …
Persistent link: https://www.econbiz.de/10012934917