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Vol 21 No 11 Nov/Dec 2016

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Contract Governance: Dimensions in Law and Interdisciplinary Research (eBook)

Edited by: Stefan Grundmann, Florian Moslein, Karl Riesenhuber

ISBN13: 9780191035302
Published: July 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory.

Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship.

Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style.

Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Subjects:
Contract Law, eBooks
Contents:
PART I: THE OVERALL ARCHITECTURE OF CONTRACT GOVERNANCE
1. Contract Governance: Dimensions in Law and Interdisciplinary Research

PART II: THIRD PARTY IMPACT AND CONTRACT GOVERNANCE PROBLEMS IN HERD BEHAVIOUR
2. The Concept of Herd Behaviour - Its Psychological and Neural Underpinnings
Comment - Law, Economics and More: The Genius of Contract Governance
3. Moral Hazard and Herd Behaviour in the Financial Crisis
Comment - Whistle Blowing in the Stampede? Comment on Bruno Frey and Reto Cueni
4. Herd Behaviour and Third Party Impact as a Legal Concept - On Tulips, Pyramid Games and Asset-backed Securities
Summary of the Discussion

PART III: GOVERNANCE OF NETWORKS OF CONTRACTS
5. Contract, Uncertainty, and Innovation
Comment
6. Contractual Networks in a Socio-Economic Perspective
Comment
7. Deals - Contractual Governance
Summary of the Discussions

PART IV: GOVERNANCE IN LONG-TERM CONTRACTUAL RELATIONSHIPS
8. Fairness and Reciprocity in Contract Governance
Comment - The Governance of Contract Relations: A Case for Fairness?
9. Cooperation, Games, and Economic Theory in Long-Term Relationships
Comment
10. Opportunistic Behaviour in Long-Term Investment Relationships and Legal Answers
Comment
Summary of the Discussions

PART V: CONTRACT GOVERNANCE AND RULE SETTING
11. Private Regulation and Industrial Organisation: the Network Approach
Comment
12. Flipping Wreck: Lex Mercatoria on the Shoals of Ius Cogens
Comment
13. Innovation and the Role of Public-Private Collaboration in Contract Governance - Governing Global Finance: Towards Contractual Governance
Comment The Vienna Initiative - A New Mode of Governance?
Summary of the Discussions

PART VI: CONTRACT GOVERNANCE AND POLITICAL DIMENSIONS
14. Panel Discussion - Introductory Statements