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Vol 24 No 2 Feb/March 2019

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Pensions Law Handbook

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Inflation and the Enforcement of Contracts

ISBN13: 9781840640625
ISBN: 1840640626
Published: May 1999
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: Out of print

Out of Print

This work tackles the problem of inflation in contract law - whether, and to what extent, contract rules should take inflation into account. It proposes that distributive effects of inflation are an important factor in contract rule design. Wealth distribution is also found to be relevant.

The experience of different legal systems with the enforcement of contracts during inflation - Germany, France, Argentina, Brazil and Chile, United States, Israel; economic analysis - the risk of inflation, risk allocation of an unassigned inflationary risk; general terms of allocating an unassigned inflationary risk, excuse versus adjustment versus enforcement, application of the analysis, the experience in different countries; the distributional approach to contract law - the distributive effects of inflation at the micro-level, the distribution effects of inflation at the macro-level;a comparison of economic analysis of contract law and the distributional approach to contract law; the institutional competence of judicial and legislative bodies to deal with enforcement during inflation.