A key problem in EU private law is actor heterogeneity. While special rules exist for certain subgroups of actors, for example consumers or retail investors, the members of these legal categories still exhibit vast differences in behaviour, degrees of rationality, vulnerability, and economic...

Mainstream policy discussions take as given that the United States will and must pay its debts in full and on time, and that restructuring is legally and politically impossible. In our judgment, this assumption is unwarranted. Far from being unthinkable, under some circumstances restructuring...

In this chapter, we examine the conceptualization of the corporation in private law, focusing particularly on categorization functions served by the corporate form. We argue that corporations are conceptualized as a distinctive kind of legal actor, their legal agency being constituted by private...

Can parties contract out of the general partnership form of business organization, even if their conduct would otherwise establish a partnership? Although a recent judicial decision suggests that they can, treating contractual disclaimers of partnership as dispositive is inconsistent with modern...

Die Treuhandidee steht allgemein für ein juristisches Konstrukt des Eigentums,das dem Treuhänder nach außen die volle Rechtsstellung eines Eigentümersverleiht, ihm im Innenverhältnis zum Treugeber jedoch mehr oder wenigerstarker Beschränkung unterwirft. In (Ost-)Deutschland erlebte diese...

The paper begins with a comparative analysis of the evolutionary legal path adopted by United States, People's Republic of China and European Union with reference to the F/Rand commitments on Standard Essential Patents. In the light of the wide differences which characterize the above-mentioned...

Edited by Yun-chien Chang, Wei Shen and Wen-yeu Wang, the book Private Law in China and Taiwan: Legal and Economic Analyses is set to be a leading comprehensive and authoritative law book that provides an economic and comparative framework for analysing private law in China and Taiwan. This book...