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The contractual imbalance is based on two different types of causes: either the inequality of the contractual partners (uncommon clauses and lesion), or the occurrence, throughout the performance of the contract, of certain events that make such performance extremely onerous, according to the...
Persistent link: https://www.econbiz.de/10015195979
Persistent link: https://www.econbiz.de/10013359263
This paper seeks to situate an understanding of the long-term implications of Smart Contract (SC) technologies as a cluster of technologies that together with AI (shorthand for software applications) and 5G (shorthand for networked ICTs) will prove important for enabling a future wherein any...
Persistent link: https://www.econbiz.de/10013421001
This paper surveys recent economic and legal literature on sovereign debt in light of the COVID-19 shock. Most of the core theoretical contributions we review across the two disciplines hinge on immunity, and the sovereign borrower's consequent inability to commit to repay foreign creditors, as...
Persistent link: https://www.econbiz.de/10013432968
Search costs for lenders when evaluating potential borrowers are driven by the quality of the underwriting model and by access to data. Both have undergone radical change over the last years, due to the advent of big data and machine learning. For some, this holds the promise of inclusion and...
Persistent link: https://www.econbiz.de/10013454741
Search costs for lenders when evaluating potential borrowers are driven by the quality of the underwriting model and by access to data. Both have undergone radical change over the last years, due to the advent of big data and machine learning. For some, this holds the promise of inclusion and...
Persistent link: https://www.econbiz.de/10013465064
When actions by one agent force another to deviate from their agreements with a third, "victim" turns into "injurer" in the chain's subsequent steps. Should the chain's initiator be responsible only for the direct harm they cause or also bear some of the indirect losses they trigger? Through an...
Persistent link: https://www.econbiz.de/10013473007
Easing their access to capital markets, governments have been establishing a primary dealer system. Via bilateral self-enforcing agreements ('dealerships'), government debt management units (DMUs) have been appointing national and global banks (the 'dealers') to actively participate in...
Persistent link: https://www.econbiz.de/10013549905
This study investigates a novel consultancy contract mode for condominium management in Taiwan by using transaction cost theory. This study finds that consultancy contracts offer property management companies lower personnel costs and a lower tax burden compared with full-responsibility...
Persistent link: https://www.econbiz.de/10014285600
This Article provides the first comprehensive examination of an emerging practice within the private equity sector-continuation funds. Continuation funds break from the traditional private equity model by allowing sponsors to hold on to assets beyond the typical fund term and, instead of selling...
Persistent link: https://www.econbiz.de/10014464071