Advertisement
| contracting law kastely: Contracting Law Amy Hilsman Kastely, Deborah W. Post, Sharon K. Hom, 1996 |
| contracting law kastely: Contracting Law Amy H. Kastely, 2000-08 |
| contracting law kastely: International Contracting Larry A. DiMatteo, 2021-11-05 For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University |
| contracting law kastely: Framing Contract Law Victor Goldberg, 2012-03-05 The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex). |
| contracting law kastely: Contracting Law Amy Hilsman Kastely, Deborah W. Post, Nancy Ota, 2006 Revised and updated to 2006, the fourth edition of Contracting Law continues the clear explanations of contract doctrine, engaging cases, and thought-provoking cultural and historical materials that have made this casebook a favorite of students and professors. Students and faculty appreciate the fact that no separate statutory supplement is necessary. Selected provisions from the Restatement Second of Contracts and the Uniform Commercial Code are included in the casebook as appendices. The workbook (purchased separately), complete with flow charts, vocabulary lists, problems and structured exercises, helps students understand legal doctrines, case briefing, and synthesis. Students can use the workbook independently or exercises can be used in class discussions. The fourth edition augments the cultural material with notes and questions showing the social contexts for specific contract doctrines. Many sections are shortened and reorganized for ease of use in 3-, 4-, or 5-credit courses. At the same time, UCC coverage is expanded (including both the pre-and post-2003 versions of Article 2) for those courses designed to include sales law. Contracting Law is an extraordinary breakthrough in contract jurisprudence. The overwhelming majority of my students felt the book was the most useful, comprehensive, and engaging text of their first year. -- Professor Patricia Williams, Columbia University Law School, on the second edition |
| contracting law kastely: Contract Law Adam Kramer KC, 2010-01-02 This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields. |
| contracting law kastely: Principles of Contract Law and Theory Larry D. DiMatteo, 2023-12-11 This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development. |
| contracting law kastely: Chinese Contract Law Larry A. DiMatteo, Chen Lei, 2017-10-26 A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions. |
| contracting law kastely: Global Sales and Contract Law Ingeborg Schwenzer, Pascal Hachem, Christopher Kee, 2012-01-26 This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice. |
| contracting law kastely: Visions of Contract Theory Larry A. DiMatteo, 2007 This book reviews and critiques some of the major theories of contract law. The theories of contract law selected for coverage include law and economics, behavioral decision theory, inequality of bargaining power, law as interpretation (idealism), and critical legal theory. Chapters 2 through 4 examine the use of the themes of rationality and efficiency to rationalize contract law. Chapters 5 and 6 analyze the role of bargaining power in contract law. Chapters 7 and 8 analyze the idealism of Karl N. Llewellyn and Ronald Dworkin that advances the proposition that law is able to obtain internal integrity through a process of theory building. Chapter 9 explores the major tenets of Critical Legal Studies, Critical Race Theory, and Feminist Legal Theory. Chapter 9 also acts as a capstone chapter in that it incorporates much of the analysis provided in the earlier chapters. New theoretical insights into more specific areas of interest are provided, such as the problems of rational choice theory, bargaining power, theory of interpretation, and the use of contextualism as a positive methodology of critical legal theory. In the end, the book should be viewed as a series of independent essays under the very broad umbrella of contract theory. Barnhizer's novel use of the concept of bargaining power, to demarcate the classes of transactions properly regulated by the law of contracts from those which are not, is especially interesting... -- Law & Politics Book Review |
| contracting law kastely: Understanding the CISG Joseph Lookofsky, 2017-05-15 The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of some 85 CISG ‘Contracting States’ already accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who – by default or by express choice – regularly subject their sales contracts to the Convention. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate topic areas such as the following: • determining when the CISG applies; • freedom of contract under Article 6; • interpretation of the Convention and of CISG contracts; • sales contract formation, validity, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96 |
| contracting law kastely: Justice and Compassion in Biblical Law Richard H. Hiers, 2009-12-14 Annotation. Richard Hiers provides a new consideration biblical law with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. |
| contracting law kastely: Global Issues in Contract Law John A. Spanogle, 2007 This supplementary text facilitates the introduction of international, comparative, and transnational legal issues into the basic contracts course. It covers status and scope of the U.N. Convention on Contracts for the International Sale of Goods (CISG), contract formation issues, formal requirements, ambiguity of contract terms, parol evidence under domestic law and under the CISG, irrevocable offers, performance and breach, and comparative and CISG approaches to remedies. It is designed to inform but not overburden the basic contracts course. It also contains carefully drafted problems and notes. |
| contracting law kastely: Equitable Law of Contracts Larry DiMatteo, 2021-10-25 This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as just price, unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint. |
| contracting law kastely: Methodology of Uniform Contract Law Maren Heidemann, 2007-02-23 This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts. |
| contracting law kastely: Critical Race Theory Dorothy A. Brown, 2007 This law school casebook examines cases through the analytical framework of critical race theory. There is a separate chapter on torts, contracts, criminal procedure, criminal law and sentencing, property, and civil procedure. It also examines cases where race is not always obvious, showing how race is often relevant even where it may initially appear not to be relevant. Lastly, the book provides cases where the courts have applied a critical race theory perspective. As a result, the casebook shows how critical race theory can be a useful analytical tool that will enable students to be more effective attorneys. |
| contracting law kastely: Research Handbook on International Commercial Contracts Andrew Hutchison, Franziska Myburgh, 2020-12-25 This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements. |
| contracting law kastely: Damages Under the Convention on Contracts for the International Sale of Goods Bruno Zeller, 2009 This work presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG). |
| contracting law kastely: International Trade and Business Law Review Gabriel Moens, Roger Jones, 2013-01-11 Compiled by leading international trade law practitioners and academics from across the globe, this volume provides legal and business communities with information, knowledge and an understanding of recent developments in international trade, business and international commercial arbitration. Scholarly in style, this volume contributes to the discussions surrounding the developments whilst being informative and of practical use to the business community and lawyers. Covering the areas of international trade and business law, arbitration law, foreign law and comparative law, with one section devoted to the Willem C. Vis International Commercial Arbitration Moot, it contains: leading articles comments case notes book reviews. International Trade and Business Law Review is an invaluable resource for post-graduate students and business and legal professionals, primarily studying and working in the UK, USA and Australia. |
| contracting law kastely: Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003 Michael Maggi, 2004-01-01 Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. |
| contracting law kastely: Encyclopedia of Business in Today′s World Charles Wankel, 2009-06-12 2009 RUSA Outstanding Business Reference Business in today′s world is increasingly diverse. Undertaking commerce, even by an individual, can mean working globally through a welter of new media with opportunities of all kinds rapidly appearing. The boundaries, scope, content, structures, and processes of a business activity can morph into completely different ones in the course of a project. Contemporary businesses, and certainly future businesses, find it incumbent upon them to fit within the requirements of environmental and economic sustainability of the others who inhabit our world. With more than 1,000 entries, the Encyclopedia of Business in Today′s World is packed with essential and up-to-date information on the state of business in our world. Not only does it reflect where business is, it also conveys the trajectory of business farther into the 21st century. These four volumes provide clear overviews of the important business topics of our time, ranging from culture shock to currency hedging, political risk, offshoring, and transnational corporations. The wealth of topics represent an integrated vision by the editor of a perplexity of functions, technologies, and environmental factors. Key Features Provides insight into the development and current business situation globally through articles on many individual countries Examines the processes, responsibilities, and ethics of business in the global market Offers entries written by experts from diverse fields Includes an appendix that looks at World Trade Organization statistics Presents a vast range of topics, including key companies, business policies, regions, countries, dimensions of globalization, economic factors, international agreements, financial instruments, accounting regulations and approaches, theories, legislation, management practices and approaches, and much more Key Themes Competitive Forces Countries Corporate Profiles Cultural Environments Economics of International Business Economic Theories of International Business Ethics, Corruption, and Social Responsibility Export/Import Strategies Foreign Direct Investment Globalization and Society Human Resource Management International Accounting International Finance International Monetary System International Trade Legal and Labor Issues Management and Leadership Manufacturing and Operations Marketing Political Environments Regional Economic Integration Supranational and National Organizations The Encyclopedia of Business in Today′s World serves as a general, nontechnical resource for students, professors, and librarians seeking to understand the development of business as practiced in the United States and internationally. |
| contracting law kastely: Chinese Women Traversing Diaspora Sharon K. Hom, 2013-07-04 The contributors to this volume were born in Beijing, Shanghai, and Hong Kong; they have been immigrants, foreign students, settlers, permanent residents, citizens, and-above all-travelers. They are both geographic inhabitants of various overseas diaspora Chinese communities as well as figurative inhabitants of imagined heterogeneous and hybrid communities. Their migratory histories are here presented as an interdisciplinary collection of texts in distinctive voices: law professor, journalist, historian, poet, choreographer, film scholar, tai-chi expert, translator, writer, literary scholar. |
| contracting law kastely: CISG and the Unification of International Trade Law Bruno Zeller, 2008-03-25 Pushing the boundaries of domestic and unified laws, this book re-defines unification and harmonization. Critically examining the CISG, Zeller explores where its influence can be extended and considers whether unification is a myth or a reality. |
| contracting law kastely: Decolonisation, Anti-Racism, and Legal Pedagogy Foluke I Adebisi, Suhraiya Jivraj, Ntina Tzouvala, 2023-12-08 This book offers an international breadth of historical and theoretical insights into recent efforts to decolonise legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate level law teachers and researchers. |
| contracting law kastely: Revisiting the Contracts Scholarship of Stewart Macaulay Jean Braucher, John Kidwell, William C. Whitford, 2013-01-14 This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'. |
| contracting law kastely: Non-State Rules in International Commercial Law Johanna Hoekstra, 2021-03-15 Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation. |
| contracting law kastely: International Arbitration and International Commercial Law Stefan Kröll, 2011-04-26 Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues – among them quite a few of the best-known arbitrators and arbitration academics in the world – present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric’s Vienna project which has offered a life-changing experience for so many young lawyers from all over the world. |
| contracting law kastely: Searching the Law, 3d Edition Frank Bae, Edward Bander, Francis Doyle, Joel Fishman, Paul Richert, 2021-12-13 |
| contracting law kastely: Problems in Contract Law Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, 1999 PROBLEMS IN CONTRACT LAW: Cases and Materials has always bee a favorite of first-time Contracts teachers. By combining contemporary theory and problems with more traditional cases and notes, this successful casebook has become the choice of wide range of profesors. This eagerly-awaited revision introduces new co-author H.G. Prince and a host of new material while it retains the intellectual integrity of previous editions. This extremely teachable casebook draws praise for its: exceptionally engaging problems that mesh with cases, notes, and questions to hold student interest integration of contemporary contract theory such as feminist, law and economics, and other viewpoints. balanced structure and organization that allows the book to be comprehensive, without overwhelming students companion Rules Supplement outstanding Teacher's Manual, with sample syllabi, teaching points keyed to specific pages, answers to many of the problems, and questions keyed to case summaries To keep the book fresh and current, this Fourth Edition features: updated problems, cases, and references expanded coverage of promissory estoppel greater discussion of Alternative Dispute Resolution as it relates to contract law. For your next Contracts course, consider the book that is firmly positioned where scholarship meets practice: PROBLEMS IN CONTRACT LAW: Cases and Materials, Fourth Edition. |
| contracting law kastely: Review of the Convention on Contracts for the International Sale of Goods (CISG) Pace International Law Review, 2007 The Review of the of the Convention on Contracts for the International Sale of Goods (CISG) is published annually and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to the writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides a forum for legal discussion within the international legal community in the area of international sales law and is an authoritative source of reference for international scholars. This 2005-2006 volume includes the following articles: -- How the Fact of Accepting Good Faith as a General Principle of the CISG Will Bring More Uniformity -- Defective Performance in Contracts for International Sale of Goods: A Comparative Analysis Between the Brazilian Law and the 1980 United Nations Convention on Contracts for the International Sales of Goods -- Canadian Jurisprudence and the Uniform Application of the UN Convention on Contracts for the International Sale of Goods -- Good Faith in the CISG: The Interpretation Problems of Article 7 |
| contracting law kastely: Blurry Boundaries of Public and Private International Law Poomintr Sooksripaisarnkit, Dharmita Prasad, 2022-02-23 This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines. |
| contracting law kastely: Grundpfandrechte in Deutschland und den USA Daniela Böning, 2011 English summary: Daniela Boning provides a detailed comparison and analysis of American mortgage law and the law in Germany. In addition to the property law regulations, she also discusses the bankruptcy law regulations that are significant for the position of the mortgage creditor. German description: Grundpfandrechte spielen fur die deutsche Kreditwirtschaft eine herausragende Rolle. Soll ein Kredit durch ein im Ausland gelegenes Grundstuck besichert werden, findet aufgrund der sogenannten Lex-rei-sitae-Regel auf Fragen der Bestellung, Ubertragung und Verwertung der Immobiliarsicherheit das Sachrecht des Belegenheitsorts Anwendung. Soweit eine Besicherung durch Grundstucke in den USA erfolgt, ist somit US-amerikanisches Recht massgeblich. Angesichts der zunehmenden Kreditvergabe deutscher Kreditinstitute in die USA und der seit wenigen Jahren bestehenden Moglichkeit zur Aufnahme von US-amerikanischen Grundpfandrechten in die Deckungsmasse von Pfandbriefbanken besteht vor diesem Hintergrund ein besonderes Interesse der deutschen Kreditwirtschaft an den US-amerikanischen Rechtsregeln. Diese stellt Daniela Boning im Vergleich zum deutschen Recht umfassend dar und analysiert sie. |
| contracting law kastely: Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective Peng Guo, 2021-11-09 This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively. |
| contracting law kastely: Remedies for Breach of Contract Mindy Chen-Wishart, Alexander Loke, Burton Ong, 2016-02-12 Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview. |
| contracting law kastely: Good Faith Obligation Alex Wan, Peng Guo, 2024-09-10 This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm’s length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts. |
| contracting law kastely: Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law Aurelia Colombi Ciacchi, 2016-05-18 This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch law. |
| contracting law kastely: Determining Legal Parentage Yehezkel Margalit, 2019-04-25 Offering intentional parenthood as the most appropriate, flexible and just normative doctrine for resolving the various dilemmas that have surfaced in the modern era. |
| contracting law kastely: Implicit Dimensions of Contract David Campbell, Hugh Collins, John Wightman, 2003-07-30 This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements. |
| contracting law kastely: International Trade Law Indira Carr, Peter Stone, 2010 International Trade Law offers a comprehensive and informed analysis of the complexities of an international sale transaction through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC. Focusing on international sales of goods and the various relations that arise as a result of sale contract, this book considers and discusses: - standard trade terms, major conventions and principles - issues relating to E-Commerce - international transportation of cargo - insurance and payment mechanisms - dispute resolution Accessible to students encountering this often challenging area of the law for the first time, International Trade Law clarifies a range of topics through tables and diagrams, and directs the reader to relevant further reading, online resources, and journal articles throughout. |
| contracting law kastely: Index to Legal Periodicals & Books , 2002 |
CONTRACTING Definition & Meaning - Merriam-Webster
contract, shrink, condense, compress, constrict, deflate mean to decrease in bulk or volume. contract applies to a …
General Contractor near Pottsville, PA | Better Busine…
BBB Directory of General Contractor near Pottsville, PA. Your guide to trusted BBB Ratings, customer …
Contracting - definition of contracting by The Free Dicti…
contracting - becoming infected; "catching cold is sometimes unavoidable"; "the contracting of a …
The Best 10 General Contractors near Pottsville, P…
Best General Contractors in Pottsville, PA 17901 - La Rosa Remodeling and Handyman Services, Handy Brothers …
General Contractor in Pottsville, PA | Charles Weiss …
Charles Weiss Contracting offers remodeling and additions for homes in the Pottsville, PA, area, including …
CONTRACTING Definition & Meaning - Merriam-Webster
contract, shrink, condense, compress, constrict, deflate mean to decrease in bulk or volume. contract applies to a drawing together of surfaces or particles or a reduction of area or length. …
General Contractor near Pottsville, PA | Better Business Bureau
BBB Directory of General Contractor near Pottsville, PA. Your guide to trusted BBB Ratings, customer reviews and BBB Accredited businesses.
Contracting - definition of contracting by The Free Dictionary
contracting - becoming infected; "catching cold is sometimes unavoidable"; "the contracting of a serious illness can be financially catastrophic"
The Best 10 General Contractors near Pottsville, PA 17901 - Yelp
Best General Contractors in Pottsville, PA 17901 - La Rosa Remodeling and Handyman Services, Handy Brothers Home Services, Charles Weiss Contracting, Ahner’s Home Improvement, One …
General Contractor in Pottsville, PA | Charles Weiss Contracting
Charles Weiss Contracting offers remodeling and additions for homes in the Pottsville, PA, area, including kitchen and bathroom remodeling. Adding an addition can add much needed space in …
CONTRACTING | English meaning - Cambridge Dictionary
Contracting requires assets that are specific to the commodity produced on both sides of the transaction (producers and contractors).
Rachel Contracting | Earthwork, Demolition, Utilities and Aggregates
Find out how you can advance your career in civil construction. At Rachel Contracting, safety is more than a commitment–it’s a culture. We prioritize the well-being of our team, clients, and …
General Contractor | Home Remodeling Contractor | Pottsville, PA ...
WilMarc Construction, Inc. is a general contractor in Pottsville, PA. We can help you with tree trimming to kitchen and bathroom remodeling services. Call (570) 294-0258 today!
Home - Best Contracting
BEST is a professional and diverse specialty contracting organization that provides the highest quality building envelope services. BEST’s services include all types of Roofing, Waterproofing, …
Home - E CONTRACTING & SERVICES
Our mission is to provide high quality site-development services within our community through safe, reliable, and efficient production to exceed the needs of our customers. I have worked with E …
