Screen LibraryComparative contract law /
"[This book surveys] theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of r...
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| Group Author: | |
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| Published: |
Edward Elgar Publishing,
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| Publisher Address: | Cheltenham, UK : |
| Publication Dates: | [2017] |
| Literature type: | Book |
| Language: | English |
| Series: |
Research handbooks in comparative law
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| Subjects: | |
| Summary: |
"[This book surveys] theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions."-- |
| Carrier Form: | xiii, 554 pages ; 24 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781849804516 (cased) : 1849804516 (cased) 9781785369179 (ebook) 1785369172 (ebook) |
| Index Number: | K840 |
| CLC: | D913.6 |
| Call Number: | D913.6/C737 |
| Contents: | Introduction / Pier Giuseppe Monateri -- Theories of contract law / Brian H. BIx -- In defense of Roman contract law / James Gordley -- The authoritarian theory of contract / Pier Giuseppe Monateri -- Contract and the comparatist : should we think about contract in terms of 'contracticles'? / Geoffrey Samuel -- Critical comparative contract law / Giovanni Marini -- Contract law and regulation / Giuseppe Bellantuono -- Enforcing bilateral promises : a comparative law and economics perspective / Francesco Parisi, Marta Cenini and Barbara Luppi -- Spontaneous order and freedom of contract -- Carlo Ludovico Cordasco -- 'Party autonomy' / Horatia Muir Watt -- Who is th contracting party? A trip around the transformation of the legal subject / Maria Rosaria Marella -- Freedom of contract and constitutional values : some exceptional cases from the Colombian Constitutional Court / Pablo Moreno Cruz -- The unburiable contract : Grant Gilmore's discontinous parabola and the literary construction of American legal style / Cristina Costantini -- Queering the contractual paradigm between law and political theory / Flavia Monceri -- Constacts in literature : from Doctor Faustus to vampires / Daniela Carpi -- Women and contracts in Angela Carter's postmodern revision of the fairy tale / Sidia Fiorato -- The wrecking ball : good faith, preemption and US exceptionalism / Peter Goodrich -- Technological contracts / Massimiliano Granieri -- Contractual interpretation : the South African blend of common, civil and indigenous law in comparative perspective / Andrew Hutchison -- Promissory estoppel / Paolo Pardolesi -- Party autonomy in global context : an international lawyer's take on the political economy of a self-constituting regime / Horatia Muir Watt. |