the effects of financial crises on the binding force of contracts renegotiation rescission or revision

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The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision

Author : Başak Başoğlu
ISBN : 9783319272566
Genre : Law
File Size : 30. 93 MB
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This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Global Perspectives On Subsidiarity

Author : Michelle Evans
ISBN : 9789401788106
Genre : Law
File Size : 55. 71 MB
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Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Disgorgement Of Profits

Author : Ewoud Hondius
ISBN : 9783319187594
Genre : Law
File Size : 70. 58 MB
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Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

The Impact Of Corruption On International Commercial Contracts

Author : Michael Joachim Bonell
ISBN : 3319190539
Genre : Law
File Size : 47. 89 MB
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This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Integrating Sustainable Development Into International Investment Agreements

Author : John Anthony VanDuzer
ISBN : 9781849290869
Genre : Business & Economics
File Size : 67. 92 MB
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This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Housing Finance Policy In Emerging Markets

Author : Loic Chiquier
ISBN : 9780821377512
Genre : Social Science
File Size : 32. 73 MB
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Housing finance markets have been changing dramatically in both emerging and developed economies. On the one hand, housing finance markets are expanding and represent a powerful engine for economic growth in many emerging economies. However, the unfolding sub-prime mortgage crisis highlights the risks and potential turbulence that this sector can introduce into the financial system when expanding without proper infrastructure and regulation. As housing finance keeps growing in emerging economies to match a rising demand for housing, new risk management approaches, business models, funding tools, and policy instruments can help. Yet many questions remain about the right balance between innovation and regulation, the extent of risks to the financial system, the appropriate role of the state to promote affordable housing, and the effects of the sub-prime crisis. This book provides a guide for policymakers dealing with housing finance in emerging markets. It highlights the prerequisites for an effective housing finance system; it lays out several policy alternatives and models of housing finance; and it explores the role of governments in expanding access to housing finance for lower-income households. There is no "best" model set out in this book. The aim is to provide a developmental roadmap that can be tailored and sequenced to each country's situation and timing.

Foreign Fighters Under International Law And Beyond

Author : Andrea de Guttry
ISBN : 9462650985
Genre : Law
File Size : 42. 24 MB
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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

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