Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective


Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective
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Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective


Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective
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Author : Peng Guo
language : en
Publisher: Springer Nature
Release Date : 2021-11-09

Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective written by Peng Guo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-09 with Law categories.


This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.



Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective


Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective
DOWNLOAD eBooks

Author : Peng Guo
language : en
Publisher:
Release Date : 2022

Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective written by Peng Guo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.


This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively. .



The Uniform Interpretation Of The Un Sales Convention Cisg


The Uniform Interpretation Of The Un Sales Convention Cisg
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Author : Jie Luo
language : en
Publisher: Springer Nature
Release Date : 2023-12-12

The Uniform Interpretation Of The Un Sales Convention Cisg written by Jie Luo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-12 with Law categories.


The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.



Dalhuisen On Transnational Comparative Commercial Financial And Trade Law Volume 2


Dalhuisen On Transnational Comparative Commercial Financial And Trade Law Volume 2
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Author : Jan H Dalhuisen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-27

Dalhuisen On Transnational Comparative Commercial Financial And Trade Law Volume 2 written by Jan H Dalhuisen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-27 with Law categories.


This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field." American Journal of Comparative Law "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..." International and Comparative Law Quarterly



Transnational Rules In International Commercial Arbitration


Transnational Rules In International Commercial Arbitration
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Author : Piero Bernardini
language : en
Publisher:
Release Date : 1993

Transnational Rules In International Commercial Arbitration written by Piero Bernardini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Arbitration agreements, Commercial categories.




Bulletin Of The Atomic Scientists


Bulletin Of The Atomic Scientists
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Author :
language : en
Publisher:
Release Date : 1994-01

Bulletin Of The Atomic Scientists written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01 with categories.


The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.



Legal Guide On Contract Farming


Legal Guide On Contract Farming
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Author : Food and Agriculture Organization of the United Nations
language : en
Publisher: Food & Agriculture Org.
Release Date : 2018-06-26

Legal Guide On Contract Farming written by Food and Agriculture Organization of the United Nations and has been published by Food & Agriculture Org. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-26 with Law categories.


Contract farming, broadly understood as agricultural production and marketing carried out under a previous agreement between producers and their buyers, supports the production of a wide range of agricultural commodities and its use is growing in many countries. Mindful of the importance of enhancing knowledge and awareness of the legal regime applicable to contract farming operations, the International Institute for the Unification of Private Law (UNIDROIT), the Food and Agriculture Organizatio n of the United Nations (FAO) and the International Fund for Agricultural Development (IFAD) have prepared this UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. The Guide is a useful tool and reference point for a broad range of users involved in contract farming practice, policy design, legal research and capacity building. It can contribute as well to create a favourable, equitable and sustainable environment for contract farming.



Drafting International Contracts


Drafting International Contracts
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Author : Marcel Fontaine
language : en
Publisher: BRILL
Release Date : 2015-03-31

Drafting International Contracts written by Marcel Fontaine and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-31 with Law categories.


Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.



Contract Law Minimalism


Contract Law Minimalism
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Author : Jonathan Morgan
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07

Contract Law Minimalism written by Jonathan Morgan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.


Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.



Reimagining Our Futures Together


Reimagining Our Futures Together
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Author : International Commission on the Futures of Education
language : en
Publisher: UNESCO Publishing
Release Date : 2021-11-06

Reimagining Our Futures Together written by International Commission on the Futures of Education and has been published by UNESCO Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-06 with Political Science categories.


The interwoven futures of humanity and our planet are under threat. Urgent action, taken together, is needed to change course and reimagine our futures.