Sustainability standards have usually been implemented at the national and supra-national level, both in the public and private sphere. However, the instruments adopted so far have proved themselves to be less effective than expected, due to their lack of enforcing power or to the vagueness of...

This paper examines the relation between state contract law and the use of accounting information in debt contracts. Contract theory suggests that balance sheet-based covenants resolve debtholder-shareholder conflicts ex ante, whereas income statement-based covenants serve as trip-wires that...

The post-crisis era presents major new challenges for the EU legislator in terms of effectively safeguarding the public and private interests in the realm of consumer finance in an increasingly digital environment. New and innovative ways of addressing tensions and contradictions between the...

Natural resources such as carbon, water, and fish are increasingly managed with markets that require an initial allocation of property rights. In practice these rights are typically grandfathered based on historical use, but rights could be allocated any number of ways. Taking the perspective of...

The internet is hailed as the virtual abode of men characterized by the ability for subjects to rule and be ruled simultaneously, with each individual being the custodian of this kingdom of wires and diodes. Recent technological advancement has enormously affected the internet and increased the...

In the late nineteenth century Britain had almost no mandatory shareholder protections, but had very developed financial markets. We argue that private contracting between shareholders and corporations meant that the absence of statutory protections was immaterial. Using circa 500 articles of...

Private law theory must confront the plurality of values that inform the problems that private law addresses in practice. We consider Hanoch Dagan's and Michael Heller's The Choice Theory of Contracts as a case-study in the promise and perils that embracing plural values poses for private law...

With Douez v. Facebook Inc., the Supreme Court of Canada has started to digest the implications of standard form contracts, or boilerplate, in the on-line consumer market. In this case, four of a panel of seven judges ruled that a forum selection clause in Facebook's “terms of use” could not...

This book provides a theoretical basis for understanding the phenomenon of renegotiations in Public Private Partnerships (PPPs). It analyzes the case of transport projects, and provides empirical evidence from a variety of real-world projects. What drives renegotiations? Why are some projects...

Introduction -- Chapter 1: What Is the “Right to Own Things”: Intellectual Property Law -- Chapter 2: What Are Appropriate Rules for Adjusting Interests in a Company: Corporate Law -- Chapter 3: What Are the Rules for Fair Competition: Antitrust Law -- Chapter 4: What Are the Desirable Rules...

Vertragsgegenstand -- Konkurrenzschutz -- Wechsel des Vertragspartners -- Systemaufbaupflicht -- Franchisehandbuch -- Mietvertrag Ladenlokal -- Versicherungsschutz -- Vertragsprodukte -- Franchisegebühr -- Wettbewerbsverbot -- Vertragslaufzeit -- Organisationen und Hilfestellungen.

This book is the first attempt to establish a collaborative and interdisciplinary field of economics and legal studies. It is designed to help readers – advanced undergraduate and graduate students, but also fellow scholars who are interested in interdisciplinarity - to think through the dual...

This book provides a theoretical basis for understanding the phenomenon of renegotiations in Public Private Partnerships (PPPs). It analyzes the case of transport projects, and provides empirical evidence from a variety of real-world projects. What drives renegotiations? Why are some projects...

What does it mean to consent? Consent is an essential component of contracts, yet its part in contract law is obscure. Despite its importance, there is no independent doctrine of consent; rather, it plays a key, but ill-defined role in assessing doctrines such as assent or duress. This Article...

The rapid expansion of sharing economy platforms has generated enormous controversy. Law and the "Sharing Economy" closely examines the challenges that arise from this phenomenon with regard to labour, market, technology and regulation through a legal and interdisciplinary lens. The controversy...

This paper examines how labor mobility restrictions such as non-compete clauses in employment contracts affect the incentives and resulting behavior of employees. Using the investment industry as a testing laboratory, we find that mutual fund managers respond to heightened career concerns due to...

Public-private partnership (PPP) contracts are frequently used in the provision of public services. One of the key points to consider in these contracts (and from which much of its convenience derives) is the allocation of risks to the party that has the best capacity to avoid them or, if they...

As Serbia is on the verge of reforming its law of obligations, it seems interesting to consider the implications of such reform from a comparative perspective. In line with the theme of this year's Kopaonik School of Natural Law, this paper endorses a theoretical approach. It showcases the...

In The Dignity of Commerce, Nathan Oman offers a theory of contract law that is largely descriptive, but also strongly normative. His theory presents contract law's purpose as supporting robust markets. This article compares and contrasts Oman's argument about the proper understanding of...

Women gained the right to contract in the nineteenth century, but it nevertheless remains relevant to ask whether modern day contract law discriminates against women. In answering this question, this Article applies anti-stereotyping theory to contract law. This anti-discrimination theory is...

Uniformity in the Application of the CISG' offers a detailed examination of the principle of uniformity as enshrined in Article 7(1) of the United Nations Convention on Contracts for the International Sale of Goods (CISG). More than ninety countries are now parties to the CISG - recognised as...

I - Theory Part: Contractual Management - A Holistic Approach to a Diverse Issue -- II - Case Study Part: 12-15 Case Studies, all of them arranged unter the Following Headlines -- Enterprise Networks -- Information and Communication -- Change -- Conflict -- Accounting and Financing – Legal...