Law & Society: Private Law - Contracts eJournal最新文献_第6页

Unjust Conduct in the Internal Market. On the Role of European Private Law in the Division of Moral Responsibility between the EU, Its Member States and Their Citizens 内部市场中的不公正行为。论欧洲私法在欧盟、成员国及其公民之间道德责任划分中的作用

Law & Society: Private Law - Contracts eJournal Pub Date : 2014-12-01 DOI: 10.2139/SSRN.2532375

M. Hesselink

{"title":"Unjust Conduct in the Internal Market. On the Role of European Private Law in the Division of Moral Responsibility between the EU, Its Member States and Their Citizens","authors":"M. Hesselink","doi":"10.2139/SSRN.2532375","DOIUrl":"https://doi.org/10.2139/SSRN.2532375","url":null,"abstract":"This paper argues that the EU can be held morally responsible for ensuring justice in the internal market. In particular, the EU must prevent and sanction unjust market conduct by private parties through appropriate private law rules and ensure at least minimal protection of the private rights of internal market agents. The EU’s moral responsibility for maintaining justice in the internal market requires an EU discourse of civil justice going well beyond (and at times against) the European Commission’s slogan of ‘justice for growth’. The article first discusses and rejects three potential challenges to its main claim, all of which are based on different alleged divisions of labour, as a result of which it would seem to follow that European private law has no role to play in assuring distributive and interpersonal justice in the internal market. It then outlines how we might arrive at a conception of unjust conduct in the internal market that is compatible with the value pluralism that characterises Europe today. Finally, it explains why the private law acquis, because of the way it is currently constituted, is unlikely already to be in compliance with such standards of civil justice in the internal market.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122993479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Contracts of Individuals Who are Incompetent Without Guardianship and the Interpretation of Article 428 of the Italian Civil Code: Is the Court of Cassation Wrong? 无监护无行为能力个人的合同与意大利民法典第428条的解释:上诉法院错了吗?

Law & Society: Private Law - Contracts eJournal Pub Date : 2014-10-06 DOI: 10.2139/ssrn.2506178

Enrico Baffi

引用次数: 0

Felurile Şi Clasificarea Rezoluţiunii (Types and Classification of Rescission) Felurile Şi classiificarea Rezoluţiunii(撤销的类型和分类)

Law & Society: Private Law - Contracts eJournal Pub Date : 2014-08-24 DOI: 10.2139/ssrn.2486218

Bazil Oglindă

{"title":"Felurile Şi Clasificarea Rezoluţiunii (Types and Classification of Rescission)","authors":"Bazil Oglindă","doi":"10.2139/ssrn.2486218","DOIUrl":"https://doi.org/10.2139/ssrn.2486218","url":null,"abstract":"Romanian Abstract: Rezoluțiunea contractelor este o instituție reconfigurată in contextul noului cod civil. Astfel, considerăm util acest studiu menit să analizeze clasificările rezoluțiunii, cu accent asupra rezoluțiunii unilaterale care reprezintă un element de noutate legislativă, dar și asupra relevanței instituției pactelor comisorii, care o dată cu reglementarea rezoluțiunii unilaterale pare a-și pierde din utilitate. In finalul articolului prezentăm situația rezoluțiunii anticipate, care deși nu a fost consacrată expres de legiuitor, poate fi aplicată prin anumite mecanisme dezvoltate pe cale doctrinară și prin intermediul instituției pactelor comisorii exprese.English Abstract: Rescission of contracts is an institution reconfigured under the new Civil Code. We consider useful this study that is aimed to examine the classifications of rescission, focusing on unilateral rescission as a legal element of novelty, and the relevance of commissory pacts institution, that after the regulation of unilateral rescission seems to become useless. At the end of the article we present the situation of anticipated rescission, although not expressly asserted by the legislator, it can be applied through certain mechanisms developed by the doctrine.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130139435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

UCC Insurance UCC保险

Law & Society: Private Law - Contracts eJournal Pub Date : 2014-08-12 DOI: 10.2139/ssrn.2479532

James P. Nehf

{"title":"UCC Insurance","authors":"James P. Nehf","doi":"10.2139/ssrn.2479532","DOIUrl":"https://doi.org/10.2139/ssrn.2479532","url":null,"abstract":"Beginning about ten years ago, several title insurers in the area of real estate financing began issuing UCC insurance that is designed to protect the interest of lenders who take personal property as collateral. UCC insurance provides both defense coverage (malpractice) and payment on a claim for damages under the circumstances when something has gone wrong in the financing transaction — typically a mistaken opinion by legal counsel that leads to the lender’s security interest either being unperfected (and therefore voidable in the debtor’s bankruptcy) or subordinate to the interest of other creditors. Some of the largest land and title insurers now offer UCC insurance, but the terms of the policies vary substantially. This is due in part because the insurers are regulated by each of the state insurance departments in which they do business, but also because the policies are designed for a variety of different forms of secured lending. Without such coverage, lenders would either have to self-insure or have their law firms assume the risks, which can be monumental in large financing transactions. This paper analyzes UCC insurance and discusses its potential benefits and its weaknesses. The paper discusses UCC insurance in the context of mezzanine financing as well as other potential uses for the product. It also includes discussion of potential value of insurance in guarding against risks posed by Articles 8 and 9 of the Uniform Commercial Code.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132409848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Some Further Properties of the Cumulative Offer Process 累积要约过程的进一步性质

Law & Society: Private Law - Contracts eJournal Pub Date : 2014-08-10 DOI: 10.2139/ssrn.2478418

Mustafa Oǧuz Afacan

引用次数: 17

The Uniform Commercial Code, Article 2: Introduction and Comparison with the CISG 《统一商法典》第2条:介绍及与《销售公约》的比较

Law & Society: Private Law - Contracts eJournal Pub Date : 2014-07-12 DOI: 10.2139/SSRN.2465362

S. Woodhull

引用次数: 0

Understanding 'Hardship' and Other Particularities of Project Finance Deals in Latin America 了解拉丁美洲项目融资交易的“困难”和其他特殊性

Law & Society: Private Law - Contracts eJournal Pub Date : 2013-12-20 DOI: 10.2139/ssrn.2510561

Marcos Pueyrredon

引用次数: 0

International Public Contracts: Applicable Law and Dispute Resolution 国际公共合同:适用法律与争议解决

Law & Society: Private Law - Contracts eJournal Pub Date : 2013-11-08 DOI: 10.2139/SSRN.2687627

P. Wautelet

引用次数: 1

Forms and Validity of a Company’s Contract In Nigeria: A Critical Re-Evaluation 尼日利亚公司合同的形式和有效性:关键的重新评估

Law & Society: Private Law - Contracts eJournal Pub Date : 2013-11-01 DOI: 10.2139/ssrn.3483610

Ifeanyichukwu E. R. Okonkwo

引用次数: 0

A Theory of Contracts with Limited Enforcement 有限执行契约理论

Law & Society: Private Law - Contracts eJournal Pub Date : 2013-10-11 DOI: 10.2139/ssrn.2396047

D. Martimort, A. Semenov, Lars Stole

{"title":"A Theory of Contracts with Limited Enforcement","authors":"D. Martimort, A. Semenov, Lars Stole","doi":"10.2139/ssrn.2396047","DOIUrl":"https://doi.org/10.2139/ssrn.2396047","url":null,"abstract":"We present a Theory of Contracts under costly enforcement in the context of a dynamic relationship between an uninformed buyer and a seller who is privately informed on his persistent cost at the outset. Public enforcement relies on remedies for breach. Private enforcement comes from severing relationships. We first characterize aggregate enforcement constraints ensuring that trading partners do not breach contracts unduly. Whether a long-term contract is enforceable does not depend on the distribution of penalties for breach between the buyer and the seller. While under complete information, the optimal contract would remain stationary, non-stationarity might arise under asymmetric information. Enforcement constraints are time-dependent and easier to satisfy as time passes. Indeed, a high-cost seller may be tempted to trade high volumes at high prices at the beginning of the relationship before breaching the contract later on. Yet, such take-the-money-and-run strategy becomes less attractive as time passes and can be prevented with back loaded payments. The optimal contract thus goes through two different phases. First, quantities and prices increase at the inception of the relationship. Later on, the contract looks more stationary. Long-run screening distortions encapsulate the quality of enforcement, offering de facto a link between the quality of the legal system and contractual performances.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126161814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 18