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Contract Governance

Contract Governance Dimensions in Law and Interdisciplinary Research

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198723202
  • 出版时间 July 2015
  • 规格: Hardback , 496 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • Opens up a fresh perspective on Contract Law by linking Governance Theory and Contract Law Theory
    • Provides a broad perspective on national and European legislation, and also public and private regulation
    • Explains the various regulatory levels of Contract Law
    • Considers the internal and external perspectives of contracting parties within the contractual relationship, as well as within the market

    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 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.

    Readership: Academics and practitioners working in contract law

  • Part I: The Overall Architecture of Contract Governance
    1: Stefan Grundmann, Karl Riesenhuber, and Florian Möslein: Contract Governance: Dimensions in Law and Interdisciplinary Research
    Part II: Third Party Impact and Contract Governance Problems in Herd Behaviour
    2: Tatsuya Kameda: The Concept of Herd Behaviour - Its Psychological and Neural Underpinnings
    Peer Zumbansen: Comment - Law, Economics and More: The Genius of Contract Governance
    3: Bruno S. Frey and Reto Cueni: Moral Hazard and Herd Behaviour in the Financial Crisis
    Gunther Teubner: Comment - Whistle Blowing in the Stampede? Comment on Bruno Frey and Reto Cueni
    4: Hans-W. Micklitz: Herd Behaviour and Third Party Impact as a Legal Concept - On Tulips, Pyramid Games and Asset-backed Securities
    Isabelle Wildhaber: Summary of the Discussion
    Part III: Governance of Networks of Contracts
    5: Ronald J. Gilson and Charles F. Sabel, and Robert E. Scott: Contract, Uncertainty, and Innovation
    Gerard Hertig: Comment
    6: Richard Swedberg: Contractual Networks in a Socio-Economic Perspective
    Marc Amstutz: Comment
    7: Michael Klausner: Deals - Contractual Governance
    Florent Thouvenin: Summary of the Discussions
    Part IV: Governance in Long-Term Contractual Relationships
    8: Stefan Magen: Fairness and Reciprocity in Contract Governance
    Peter Calliess: Comment - The Governance of Contract Relations: A Case for Fairness?
    9: Bruno Deffains and Dominique Demougin: Cooperation, Games, and Economic Theory in Long-Term Relationships
    Fernando Gomez-Pomar and Mireia Artigot i Golobardes: Comment
    10: Clayton Gillette: Opportunistic Behaviour in Long-Term Investment Relationships and Legal Answers
    Urs Schweizer: Comment
    Stefan Wichary: Summary of the Discussions
    Part V: Contract Governance and Rule Setting
    11: Fabrizio Cafaggi and Paola Iamiceli: Private Regulation and Industrial Organisation: the Network Approach
    Wolfgang Kerber: Comment
    12: Hugh Collins: Flipping Wreck: Lex Mercatoria on the Shoals of Ius Cogens
    Horst Eidenmüller: Comment
    13: Katharina Pistor: Innovation and the Role of Public-Private Collaboration in Contract Governance - Governing Global Finance: Towards Contractual Governance
    Gunnar Folke Schuppert: Comment The Vienna Initiative - A New Mode of Governance?
    Susanne Augenhofer: Summary of the Discussions
    Part VI: Contract Governance and Political Dimensions
    14: Kern Alexander, and Klaus J. Hopt: Panel Discussion - Introductory Statements

  • Stefan Grundmann is Professor of Law at the European University Institute, Florence, where he teaches transnational private law, business law, and legal theory. He also holds a professorship at Humboldt University, Berlin, for private and business law, and has held several international fellowships, currently as Hauser Global Law Professor at New York University. His areas of research interest include general contract law, company law, business law, corporate governance, legal theory, and European Private Law. Born in 1958 in Germany, Stefan Grundmann graduated from the Faculty of Law of Ludwig-Maximilian-University of Munich in 1983, where he also received his two doctorates in Law and in Philosophy. In 1989 he was awarded a Master of Laws (LL.M.) at the University of California (Berkeley). In Halle-Wittenberg he created the first interdisciplinary University curriculum/degree in law and economics. He is co-founder and president of the steering committee of the European Law School.

    Florian Möslein is Professor of Law at the Philipps University Marburg, where he teaches Contract Law, Company Law, and Capital Markets Law. In addition, he is Schumpeter Fellow at the Munich Centre on Governance (MCG) at Ludwig Maximilians University, Munich. He previously held positions as Professor at the University of Bremen and as Associate Professor at the University of St. Gallen. He has also held several international fellowships, currently at Stanford Law School. His areas of research interest include Corporate Governance, Takeovers and Mergers, and European Private Law. Florian Möslein graduated from the Faculty of Law of the Ludwig-Maximilians-University of Munich in 1998, after having received the degree licence en droit at the University of Paris in 1996. He has also studied business administration and graduated in 1997 with the degree Diplom-Kaufmann. In 1999 he was awarded with the LL.M. in International Business Law at the University of London.

    Professor Karl Riesenhuber is holder of the Chair for Civil Law, German and European Commercial and Economic Law at Ruhr-Universität Bochum. He previously held positions as Professor at Europa-Universität Viadrina, Frankfurt (Oder) and as assistant lecturer at Cambridge University Faculty of Law. Professor Riesenhuber was Feodor-Lynen Fellow of Alexander von Humboldt-Foundation (1999-2001) and Official Fellow at Wolfson College, Cambridge (2000/2001). He practised law as attorney (Rechtsanwalt) in Berlin at Dr Bezzenberger Law Office from 1995 to 2002. Professor Riesenhuber earned his law degree (Staatsexamen/Referendarexamen) from Albert-Ludwigs Universität Freiburg i.B. (1990) and a degree of Master of Comparative Jurisprudence from the University of Texas at Austin School of Law (1991). He passed the Assessorexamen in Berlin in 1994.

    Contributors: 
    Kern Alexander is Professor at the University of Zurich and Specialist Academic Adviser to the Committee on EU Financial Regulation of the European Parliament

    Marc Amstutz is Professor of Business Law, Economic Law and Legal Theory at the University of Fribourg School of Law

    Susanne Augenhofer is Assistant Professor of Civil Law and European Private Law with special reference to the consumer and competition law

    Fabrizio Cafaggi is Professor of Comparative Law at European University Institute, Florence, and University of Trento

    Gralf-Peter Calliess is Professor of Private Law, International, and Comparative Economic Law at the University of Bremen 

    Hugh Collins is Professor at London School of Economics and Political Science 

    Reto Cueni is Assistant to Professor Bruno S. Frey at the Institute for Empirical Research in Economics, University of Zurich

    Bruno Deffains is Professor of Law and Economy at the EBS Business School, Wiesbaden

    Dominique Demougin is Head of Department of Law, Governance, and Economics at the European Business School (EBS)

    Horst Eidenmüller is Professor of Private Law, German, European and International Corporate Law at Ludwig-Maximilians-University Munich 

    Bruno S Frey is Professor for Economics at University of Zurich, and Research Director of the Centre for Research in Economics, Management and the Arts 

    Clayton Gillette is Max E. Greenberg Professor of Contract Law at New York University School of Law 

    Ronald J Gilson is Professor of Law and Business at Stanford Law School

    Fernando Gomez-Pomar is Professor of Law and Economics at Universidad Pompeu Fabra School of Law, Barcelona 

    Mireia Artigot i Golobardes is Professor in the Department of Law at Pompeu Fabra University, Barcelona

    Stefan Grundmann is Professor of Private Law, German, European and International Economic Law at Humboldt University Berlin

    Gerard Hertig is Professor of Law at the Swiss Federal Institute of Technology (ETH), Zurich 

    Klaus J Hopt is Director em. of the Max Planck Institute for Foreign and International Private Law 

    Paola Iamiceli is Professor at the University of Trento

    Tatsuya Kameda is Professor at the Department of Behavioral Science, Hokkaido University, Sapporo 

    Wolfgang Kerber is Professor of Economic Policy at the University of Marburg 

    Michael Klausner is Nancy and Charles Munger Professor of Business and Professor of Law at Stanford Law School 

    Stefan Magen is Professor of Public Law, Legal Philosophy and Economic Analysis of Law at Ruhr-University Bochum 

    Hans-W Micklitz is Professor of Economic Law at the Department of Law, European University Institute, Florence 

    Florian Möslein is Schumpeter Fellow at the Faculty of Law, Humboldt University Berlin 

    Katharina Pistor is Michael I. Sovern Professor of Law at Columbia Law School 

    Karl Riesenhuber is Professor of Private Law, German and European Commercial and Economic Law at Ruhr-University Bochum 

    Charles F Sabel is Professor of Law and Social Sciences at Columbia Law School 

    Robert E Scott is Professor of Law at Columbia Law School

    Gunnar Folke Schuppert is Research Professor for Governance, Social Science Research Center Berlin, and Professor of Political and Administrative Sciences, Humboldt University Berlin 

    Urs Schweizer is Professor of Economics at Rhenish Friedrich-Wilhelms-University Bonn 

    Richard Swedberg is Professor of Sociology at Cornell University 

    Gunther Teubner is Professor em. of Private Law and Legal Sociology at Goethe-University Frankfurt am Main

    Florent Thouvenin is Assistant Professor for Intellectual Property and Information Law and Co-Director of Research Center for Information Law

    Stefan Wichary is Assistant at the Department of Private Law, German and European Commercial and Economic Law at Ruhr-University Bochum

    Isabelle Wildhaber is Assistant Professor of Liablity and Employment Law at the University of St. Gallen

    Peer Zumbansen is Professor at Osgoode Hall Law School, York University, Toronto

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