Contract governance : dimensions in law and interdisciplinary research / edited by Stefan Grundmann, Florian Möslein, Karl Riesenhuber.
2015
K840 .C656 2015 (Map It)
Available at Cellar
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
Contract governance : dimensions in law and interdisciplinary research / edited by Stefan Grundmann, Florian Möslein, Karl Riesenhuber.
Published
Oxford ; New York : Oxford University Press, 2015.
Copyright
©2015
Call Number
K840 .C656 2015
Edition
First edition.
ISBN
9780198723202 (hardback)
0198723202 (hardback)
0198723202 (hardback)
Description
xiii, 473 pages ; 24 cm
System Control No.
(OCoLC)907639211
Summary
"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, Moslein, 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 behavior; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions."--Publisher description.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Fisch Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Fisch Fund
Table of Contents
List of Abbreviations
ix
List of Contributors
xi
I.
OVERALL ARCHITECTURE OF CONTRACT GOVERNANCE
1.
Contract Governance: Dimensions in Law and Interdisciplinary Research / Karl Riesenhuber
3
II.
THIRD PARTY IMPACT AND CONTRACT GOVERNANCE PROBLEMS IN HERD BEHAVIOUR
2.
Concept of Herd Behaviour: Its Psychological and Neural Underpinnings / Wataru Toyokawa
61
Law, Economics and More: The Genius of Contract Governance / Peer Zumbansen
72
3.
Moral Hazard and Herd Behaviour in the Financial Crisis / Reto Cueni
87
Whistle-blowing in the Stampede? / Gunther Teubner
100
4.
Herd Behaviour and Third Party Impact as a Legal Concept: On Tulips, Pyramid Games, and Asset-backed Securities / Hans-W. Micklitz
106
Summary of the Discussions in Part II / Isabelle Wildhaber
147
III.
GOVERNANCE OF NETWORKS OF CONTRACTS
5.
Contract, Uncertainty, and Innovation / Robert E. Scott
155
Getting it Just Right / Gerard Hertig
178
6.
Contractual Networks in Socio-economic Perspective: The Case of the European Financial Crisis (2009--2010) / Richard Swedberg
182
Networks in Socio-economic Perspective: A Proposal for Financial Regulatroy Reform / Marc Amstutz
207
7.
Governance Mechanism in Long-term Contracts / Michael Klausner
218
Summary of the Discussions in Part III / Florent Thouvenin
234
IV.
GOVERNANCE IN LONG-TERM CONTRACTUAL RELATIONSHIPS
8.
Fairness and Reciprocity in Contract Governance / Stefan Magen
243
Governance of Contractual Relations: A Case for Fairness? / Gralf-Peter Calliess
265
9.
Class Actions, Compliance, and Moral Cost / Dominique Demougin
276
Intrinsic and Extrinsic Motivations to Comply with Legal Rules / Mireia Artigot i Golobardes
292
10.
Legal Supervision of Commercial Opportunism / Clayton P. Gillette
301
Commercial Opportunism from an Incentive Perspective / Urs Schweizer
327
Summary of the Discussions in Part IV / Stefan Wichary
333
V.
CONTRACT GOVERNANCE AND RULE-SETTING
11.
Private Regulation and Industrial Organization: Contractual Governance and the Network Approach / Paola Iamiceli
343
Private Regulations and Networks in Transnational Supply Chains / Wolfgang Kerber
377
12.
Flipping Wreck: Lex Mercatoria on the Shoals of Ius Cogens / Hugh Collins
383
Lex Mercatoria, The ISDA Master Agreement, and Ius Cogens / Horst Eidenmuller
407
13.
Innovation and the Role of Public-private Collaboration in Contract Governance / Katharina Pistor
413
Vienna Initiative: A New Mode of Governance? / Gunnar Folke Schuppert
431
Summary of the Discussions in Part V / Susanne Augenhofer
437
VI.
CONTRACT GOVERNANCE AND POLITICAL DIMENSIONS
14.
Regulating Sovereign Bond Contracts in Europe / Kern Alexander
451
Contract Governance, Disclosure, and Rule-setting between the Market and the Law: A View from Commercial and Company Law / Klaus J. Hopt
461
Index
471