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Duress and Undue Influence in English and German Contract Law: a comparative study on vitiating factors in common and civil law
civil law English and German Contract Law
2015/8/4
The notion of freedom of contract is the acknowledged basis of contract law in both the common law system of England as well as in the civil law system of Germany.3 Freedom of contract can be understo...
Application of Labour and Employment Law Beyond the Contract of Employment
Employment Law Beyond
2015/8/4
In this paper I am seeking to elaborate and build upon a set of ideas which I put forward in my article, 'From the Contract of Employment to the Personal Work Nexus' ('From CE to PWN')2, and I am also...
Draft for a First Chapter (Subject Matter, Application and Scope) of an Optional European Contract Law
Optional European Contract Law Law
2015/8/4
The European Commission’s “Expert Group on European contract law for stakeholders’ and legal practitioners’ feedback” has just published a Feasibility Study,1 which is largely, but not exclusively bas...
Towards a Social Value Convergence: a Comparative Study of Fundamental Principles of Contract Law in the EU an
Social Value Convergence Fundamental Principles
2015/8/4
One of the remarkable differences in contract law between legal systems in the European Union and China is the definition and status of contractual freedom. Historically, contractual freedom has not b...
Intention to Create Legal Relations and the Reform of Contract Law: A Conservative Approach in the Modern Global Era
Intention to Create Legal Relations Consideration Contract Theory Contract Law
2013/9/16
This paper is partially to refute the submissions by Gulati’s article recently published on Beijing Law Review which proposes abandoning the requirement of proving intention to create legal relations ...
FROM SENSORY ORDER TO LEGAL ORDER: PROPERTY AND FREEDOM OF CONTRACT IN THE JURISPRUDENCE OF DAVID HUME
SENSORY ORDER LEGAL ORDER PROPERTY AND FREEDOM JURISPRUDENCE OF DAVID HUME
2014/6/23
David Hume’s theory of law and justice is a centralelement of his moral philosophy. Hume’s theory of the mind leads to a theory of undesigned social order based on fundamental laws of justice that ar...
Asymmetric Information in the Labor Market, Immigrants and Contract Menu
immigrants asymmetric information labor contracts self-employment incentive compatibility
2012/11/1
Immigrant workers and their labor force participation in host countries have received critical attention in all concerned disciplines, principally owing to its strong implications for well-being of na...
THE FORWARDER’S RIGHTS AND OBLIGATIONS IN THE TRADING CONTRACT OF MERCHANDISES’ TRANSPORTATION
Contract of merchandises transportation forwarder's rights
2010/3/22
The paper work regards the forwarder's rights and obligations in the trading contract of merchandises' transportation, considering the fact that a lot of specialized works have noticed and pointed out...
When is a contract more than a contract? Professional football contracts and the pendulum of power
Playing Contracts Employment Conditions Power Battles Professional Football
2009/12/25
Professional football contracts were established in England in 1885 and structured around a transfer and retain system whereby at the end of the contract clubs decided whether to retain or transfer th...
Juridical analysis from theoretical and practical point of view of the bank credit contract
bank credit contract annulment nullity authority of being judged
2009/11/23
The contract in general and the bank credit contract in special are realities of an irrefutable need into the scenery of the modern economy. The analysis of a bank credit contract is justified in our ...
Something Old,Something New:Governing the Workplace by Contract Again
Something Old Something New Workplace Contract
2009/11/6
Collective bargaining in the private sector has been declining
steadily for decades, to the point where it cannot serve as the
exclusive or even primary mechanism for workers’ participation in
work...
Governance of the Workplace:The Contemporary Regime of Individual Contract
Governance of the Workplace Contemporary Regime Individual Contract
2009/11/6
In the last three decades, the American labor market has
undergone a dramatic transformation that has heralded enormous
change in the governance of the workplace. The development of new
information...
Complementarity and Custom in Wage Contract Violation
Complementarity and Custom Wage Contract Violation
2009/11/5
We analyze a model of wage delay in which strategic complementarity arises because each employer's costs of violating its contracts decrease with the arrears in its labor market. The model is estimate...
CELA Responds to Ontario’s Decision to Defer New Nuclear Plant Contract
CELA Ontario’s Decision New Nuclear Plant Contract
2009/7/6
The Canadian Environmental Law Association (CELA) today responded to an announcement by Ontario Minister of Energy and Infrastructure that it will not proceed at this time with selection of a builder ...