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The research of the Study Group on a European Civil Code seeks to advance the process of Europeanisation of private law by drafting a set of common European principles which are relevant for the functioning of the common market. The principles provide national jurisdictions with a grid reference for the future development of the law.
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.
A Casebook on the Roman Law of Contracts introduces students to the rich and influential body of Roman law concerning contracts between private individuals.
Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.
This groundbreaking text provides both theory and strategy for operating in a semiglobal economy in which international businesses must compete in highly globalized and highly localized markets at the same time. Unlike the traditional transnational and matrix corporate models, a semiglobal corporation organizes its operations according to the global/local content of its value propositions rather than according to geographical regions, products, or contribution to the parent company's performance. As an example of a semiglobal corporation, the Honda Motor Company has a global vision when it com ...
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Greece covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Greece will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.