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European Company Law
European company law, over the last five years, has developed thoroughly: with accounting now under IAS/IFRS, with prospectus, takeover, market abuse, transparency and cross-border merger directives, with the implementation of the European company and the European cooperative society into national laws and with the ECJ case law (from Centros, Überseering and Golden Shares to Sevic) making cross-border mobility an overall reality. Consequently, European company law is fundamentally new. This book discusses the EC law first, with all the instruments through which it is transposed into the national law systems. However, where no such EC law exists, a comparative law discussion and policy aspec...
Theories of Choice
This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.
New Private Law Theory
New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Contract Governance
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, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly...
The Organizational Contract
This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
European Contract Law and the Creation of Norms
The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and ...
Contract Law
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Unlike most other texts _ which tend either to introduce students to the national contrac
The Many Lives of Transnational Law
Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Comparative Legal Studies: Traditions and Transitions
The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
