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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...
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...
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 ...
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 ...
Two Pennsylvania Executives Agree to Plead Guilty to Bid Rigging on Contract with the U.S. Navy
Plead Guilty
2007/2/28
FEBRUARY 22, 2007，WASHINGTON ?Two executives of a Pennsylvania company have agreed to plead guilty, pay a fine, and serve jail time for participating in a conspiracy to rig bids on U.S. Navy contracts...
Korea’s National Assembly Passes Regressive Contract and Agency Labour Regulations
Labour Regulations legislative
2006/12/20
11 December 2006，In a display of political manoeuvring that will have a devastating effect on millions of contract workers, South Korea’s Grand National Party (GNP) and Uri Party combined to pass a se...
THE GOOD FAITH PRINCIPLE IN CONTRACT LAW AND THE PRECONTRACTUAL DUTY TO DISCLOSE: COMPARATIVE ANALYSIS OF NEW DIFFERENCES IN LEGAL CULTURES
THE GOOD FAITH PRINCIPLE CONTRACT LAW PRECONTRACTUAL DUTY COMPARATIVE ANALYSIS NEW DIFFERENCES LEGAL CULTURES
2014/6/27
The purpose of this paper is to delineate new similarities and future differences between legal systems, using pre-contractual liability and good faith. Instead of focusing on the differences between ...