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Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...
Persistent link: https://www.econbiz.de/10013113131
The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years are fragmenting. In the absence of an acceptable alternative, the recent pari passu decision reveals the dangers of common law courts pressured to enforce contracts and paper...
Persistent link: https://www.econbiz.de/10012964768
The principles of contract law have shown continued resilience in light of constant technological developments, including the mainstream adoption of the Internet. This resilience may be attributable to the broad manner of their formulation. While the Internet hardly creates academic excitement...
Persistent link: https://www.econbiz.de/10012825678
Unfair terms law as an area of consumer contract law becomes more and more important and, within the European context, new forms of enforcement are discussed in order to augment the level of effectiveness of consumer protection. Personalization of the law could have a significant impact on the...
Persistent link: https://www.econbiz.de/10012861617
Businesses would undoubtedly prefer a legal environment with less complexity. In the European Commission’s view, the legal diversity resulting from the 27 different national contract laws of the Member States creates unnecessary legal complexity and constitutes an impediment to the proper...
Persistent link: https://www.econbiz.de/10014172444
Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered...
Persistent link: https://www.econbiz.de/10014224051
In his impressive body of work, Ewoud Hondius has made clear that he favour, the development and harmonization of a European contract law. Hondius has analyzed and developed numerous important notions of contract Jaw, within the European contract law perspective: we only have to mention...
Persistent link: https://www.econbiz.de/10014137625
Contract is one of the great pivots of commercial activity and an intrinsic part of nearly every consumer transaction. Inspired by the discussion amongst western scholars over whether contract law is a practical tool for protecting the consumer, this paper scrutinizes the role of the revised...
Persistent link: https://www.econbiz.de/10014073727
The paper examines the architecture of contracting and the instruments to control the exercise and the abuse of private regulatory power along supply chains. The design of the contractual architecture and its implementation may cause significant unfairness in power distribution that can...
Persistent link: https://www.econbiz.de/10013295422
In this paper we analyze whether trust can overcome the contractual hazards caused by the territoriality of law, how effective trust is and what the impact is on the sequential structure of trade. The paper contributes to the New Institutional Economics of International Transactions (NIEIT).
Persistent link: https://www.econbiz.de/10010296944