Contract Governance: Dimensions in Law and Interdisciplinary Research

Hardcover | August 23, 2015

EditorStefan Grundmann, Florian Moslein, Karl Riesenhuber

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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 Governanceappears 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, Moslein, and Riesenhuber provide a novel approach in setting an international andinterdisciplinary 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, thequestions 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 andrule setting; and contract governance and political dimensions.

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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 Governanceappears to be an important and necessary compl...

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 Profe...

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Hardcover|Jun 26 1996

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Format:HardcoverDimensions:496 pages, 9.21 × 6.14 × 0.1 inPublished:August 23, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198723202

ISBN - 13:9780198723202

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Table of Contents

Part I: The Overall Architecture of Contract Governance1. Stefan Grundmann, Karl Riesenhuber, and Florian Moslein: Contract Governance: Dimensions in Law and Interdisciplinary ResearchPart II: Third Party Impact and Contract Governance Problems in Herd Behaviour2. Tatsuya Kameda: The Concept of Herd Behaviour - Its Psychological and Neural UnderpinningsPeer Zumbansen: Comment - Law, Economics and More: The Genius of Contract Governance3. Bruno S. Frey and Reto Cueni: Moral Hazard and Herd Behaviour in the Financial CrisisGunther Teubner: Comment - Whistle Blowing in the Stampede? Comment on Bruno Frey and Reto Cueni4. Hans-W. Micklitz: Herd Behaviour and Third Party Impact as a Legal Concept - On Tulips, Pyramid Games and Asset-backed SecuritiesIsabelle Wildhaber: Summary of the DiscussionPart III: Governance of Networks of Contracts5. Ronald J. Gilson and Charles F. Sabel, and Robert E. Scott: Contract, Uncertainty, and InnovationGerard Hertig: Comment6. Richard Swedberg: Contractual Networks in a Socio-Economic PerspectiveMarc Amstutz: Comment7. Michael Klausner: Deals - Contractual GovernanceFlorent Thouvenin: Summary of the DiscussionsPart IV: Governance in Long-Term Contractual Relationships8. Stefan Magen: Fairness and Reciprocity in Contract GovernancePeter 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 RelationshipsFernando Gomez-Pomar and Mireia Artigot i Golobardes: Comment10. Clayton Gillette: Opportunistic Behaviour in Long-Term Investment Relationships and Legal AnswersUrs Schweizer: CommentStefan Wichary: Summary of the DiscussionsPart V: Contract Governance and Rule Setting11. Fabrizio Cafaggi and Paola Iamiceli: Private Regulation and Industrial Organisation: the Network ApproachWolfgang Kerber: Comment12. Hugh Collins: Flipping Wreck: Lex Mercatoria on the Shoals of Ius CogensHorst Eidenmuller: Comment13. Katharina Pistor: Innovation and the Role of Public-Private Collaboration in Contract Governance - Governing Global Finance: Towards Contractual GovernanceGunnar Folke Schuppert: Comment The Vienna Initiative - A New Mode of Governance?Susanne Augenhofer: Summary of the DiscussionsPart VI: Contract Governance and Political Dimensions14. Kern Alexander, and Klaus J. Hopt: Panel Discussion - Introductory Statements