Contract Law In Changing Times

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Contract Law In Changing Times

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Author : Normann Witzleb
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30

Contract Law In Changing Times written by Normann Witzleb and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

The Corporate Contract In Changing Times

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Author : Steven Davidoff Solomon
language : en
Publisher: University of Chicago Press
Release Date : 2019-03-08

The Corporate Contract In Changing Times written by Steven Davidoff Solomon and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-08 with Law categories.

Over the past few decades, significant changes have occurred across capital markets. Shareholder activists have become more prominent, institutional investors have begun to wield more power, and intermediaries like investment advisory firms have greatly increased their influence. These changes to the economic environment in which corporations operate have outpaced changes in basic corporate law and left corporations uncertain of how to respond to the new dynamics and adhere to their fiduciary duties to stockholders. With The Corporate Contract in Changing Times, Steven Davidoff Solomon and Randall Stuart Thomas bring together leading corporate law scholars, judges, and lawyers from top corporate law firms to explore what needs to change and what has prevented reform thus far. Among the topics addressed are how the law could be adapted to the reality that activist hedge funds pose a more serious threat to corporations than the hostile takeovers and how statutory laws, such as the rules governing appraisal rights, could be reviewed in the wake of appraisal arbitrage. Together, the contributors surface promising paths forward for future corporate law and public policy.

Principles Of Contract Law And Theory

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Author : Larry D. DiMatteo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11

Principles Of Contract Law And Theory written by Larry D. DiMatteo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.

This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.

Commercial Law And Commercial Practice

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Author : Sarah Worthington
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-12-19

Commercial Law And Commercial Practice written by Sarah Worthington and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-12-19 with Law categories.

This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners. The result is a series of provocative and challenging essays addressing an enormous range of problems that are of intimate concern to commercial practice. Some essays focus on broad themes, such as globalization and trust. Others address more specific issues, such as contract interpretation or constraining modern management. Yet another group targets special problems, such as dematerialisation or super-priority, in order to assess the success of commercial law in meeting commercial demands. The depth and breadth of issues addressed is a credit to the authors. Taken as a whole, the volume makes some pointed suggestions for improving the practices and processes, and indeed the future progress, of commercial law.

Shaping Contracts For Work

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Author : Gabrielle Golding
language : en
Publisher: Oxford University Press
Release Date : 2024-01-15

Shaping Contracts For Work written by Gabrielle Golding and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.

"An abstract is a short description of your longer piece of work and is used as a free layer of content discoverable online. An abstract should not attempt to summarise the whole work as it is also there to show readers whether or not reading further is warranted. It is used to allow people searching on the internet to see that they have encountered a worthwhile 'hit'. This will encourage them to read further by clicking through to the work in full"--

Court Supervised Restructuring Of Large Distressed Companies In Asia

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Author : Wai Yee Wan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-28

Court Supervised Restructuring Of Large Distressed Companies In Asia written by Wai Yee Wan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-28 with Law categories.

This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.

Monthly Catalog Of United States Government Publications

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Author :
language : en
Publisher:
Release Date : 1951

Monthly Catalog Of United States Government Publications written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951 with Government publications categories.

Fifty Years Of The Law Commissions

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Author : Matthew Dyson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03

Fifty Years Of The Law Commissions written by Matthew Dyson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.

This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.

Emergent Forms Of Life And The Anthropological Voice

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Author : Michael M. J. Fischer
language : en
Publisher: Duke University Press
Release Date : 2003

Emergent Forms Of Life And The Anthropological Voice written by Michael M. J. Fischer and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Language Arts & Disciplines categories.

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The Law Making Process

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Author : Michael Zander KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-25

The Law Making Process written by Michael Zander KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Law categories.

As a critical, in-depth analysis of the law-making process, this book has no equal. It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform. The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament. The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise. There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.