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Author: Shi Jianhui (施建辉) Publisher: Bouden House ISBN: Category : Business & Economics Languages : en Pages : 789
Book Description
Contract is not only a spirit and a concept, but also a system and a method. As a spirit and a concept, it is very inclusive; as a system and a method, it is very practical. Contract is a theory with a long history and fruitful practice. The reform of administrative law starts with the contract. The author is honored to be one of the first scholars in mainland China to introduce the concept and basic system of civil contracts into administrative law. Although mainland China has not yet established the legality of administrative contracts through the legislative method of administrative procedure law, the research and promotion of a group of scholars in mainland China, including the author, mainland China revised the Administrative Litigation Law at the 11th meeting of the Standing Committee of the 12th National People's Congress in 2014, and for the first time included administrative agreement disputes in the scope of administrative litigation. The Supreme People's Court Trial Committee also passed the judicial interpretation of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases" at the 1,781st meeting on November 12, 2019, which came into effect on January 1, 2020. The great progress of administrative contracts in administrative justice is inseparable from the efforts of the first batch of administrative contract pioneers in mainland China, including the author! It is also a great affirmation and praise, for which the author is deeply gratified!
Author: Shi Jianhui (施建辉) Publisher: Bouden House ISBN: Category : Business & Economics Languages : en Pages : 789
Book Description
Contract is not only a spirit and a concept, but also a system and a method. As a spirit and a concept, it is very inclusive; as a system and a method, it is very practical. Contract is a theory with a long history and fruitful practice. The reform of administrative law starts with the contract. The author is honored to be one of the first scholars in mainland China to introduce the concept and basic system of civil contracts into administrative law. Although mainland China has not yet established the legality of administrative contracts through the legislative method of administrative procedure law, the research and promotion of a group of scholars in mainland China, including the author, mainland China revised the Administrative Litigation Law at the 11th meeting of the Standing Committee of the 12th National People's Congress in 2014, and for the first time included administrative agreement disputes in the scope of administrative litigation. The Supreme People's Court Trial Committee also passed the judicial interpretation of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases" at the 1,781st meeting on November 12, 2019, which came into effect on January 1, 2020. The great progress of administrative contracts in administrative justice is inseparable from the efforts of the first batch of administrative contract pioneers in mainland China, including the author! It is also a great affirmation and praise, for which the author is deeply gratified!
Author: Patrick Bolton Publisher: MIT Press ISBN: 9780262025768 Category : Business & Economics Languages : en Pages : 746
Book Description
A comprehensive introduction to contract theory, emphasizing common themes and methodologies as well as applications in key areas. Despite the vast research literature on topics relating to contract theory, only a few of the field's core ideas are covered in microeconomics textbooks. This long-awaited book fills the need for a comprehensive textbook on contract theory suitable for use at the graduate and advanced undergraduate levels. It covers the areas of agency theory, information economics, and organization theory, highlighting common themes and methodologies and presenting the main ideas in an accessible way. It also presents many applications in all areas of economics, especially labor economics, industrial organization, and corporate finance. The book emphasizes applications rather than general theorems while providing self-contained, intuitive treatment of the simple models analyzed. In this way, it can also serve as a reference for researchers interested in building contract-theoretic models in applied contexts.The book covers all the major topics in contract theory taught in most graduate courses. It begins by discussing such basic ideas in incentive and information theory as screening, signaling, and moral hazard. Subsequent sections treat multilateral contracting with private information or hidden actions, covering auction theory, bilateral trade under private information, and the theory of the internal organization of firms; long-term contracts with private information or hidden actions; and incomplete contracts, the theory of ownership and control, and contracting with externalities. Each chapter ends with a guide to the relevant literature. Exercises appear in a separate chapter at the end of the book.
Author: Peter Benson Publisher: Belknap Press ISBN: 0674237595 Category : Law Languages : en Pages : 625
Book Description
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Author: Mohamed Ismail Publisher: Routledge ISBN: 0429799101 Category : Law Languages : en Pages : 201
Book Description
This book provides a comprehensive overview of the law surrounding PPPs in the Middle East and North African region. The significance of liberalised and integrated Public Private Partnership Contracts as an essential component of the world legal and policy order is well documented. The regulation of PPPs is justified economically to allow for competition in the relevant public service and to achieve price transparency, thus resulting in significant savings for the public sector. In parallel to the economic justifications, legal imperatives have also called for the regulation of PPPs in order to allow free movement of goods and services and to prohibit discrimination on grounds of nationality. The need for competitiveness and transparency in delivering public services through PPPs is considered a safeguard to achieve international standards in delivering public utility services. First, it assesses the compatibility of the current PPPs legislation and regulation in the MENA region with the international standards of legislation and regulation prevalent in many other countries, including the UK, France and Brazil. Secondly, it compares the practices in the MENA region with those of international bodies such as the OECD and World Bank. Comparisons are then made between the MENA countries and those in Europe and Asia with regard to the influence of culture, policy and legal globalization. The book will be of interest to scholars and students in the field of international contract law, public law and state contracts, finance law and private law.
Author: Mohamed Ismail Publisher: Taylor & Francis ISBN: 1040100759 Category : Law Languages : en Pages : 228
Book Description
This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.
Author: Hugh Beale Publisher: Bloomsbury Publishing ISBN: 1509912592 Category : Law Languages : en Pages : 1520
Book Description
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Author: Mohamed A.M. Ismail Publisher: Routledge ISBN: 131712703X Category : Law Languages : en Pages : 316
Book Description
This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.
Author: Matthias Ruffert Publisher: BIICL ISBN: 9781905221349 Category : Law Languages : en Pages : 352
Book Description
"This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
Author: Ding Guomin Publisher: Rowman & Littlefield ISBN: 0761869212 Category : Law Languages : en Pages : 538
Book Description
“Three Agriculture-related problems” is a social problem of public concern in China since its reform and opening up program. Nowadays, people from all walks of life have realized the seriousness of the problem, the urgency of solving the problem and the great significance of solving the problem to the deepening of socialist economic market. So far, there have been great achievements in the economic and sociological circles, but the research in the legal field is relatively weak. In search for methods and approaches for solutions, many researchers stopped where the problems arose. Therefore, to solve the “three agriculture-related problems” fundamentally, more insightful research shall be made from a higher perspective, that is, the rule of law.
Author: Shi Jianhui (施建辉)
Author: Shi Jianhui (施建辉)
Author: Patrick Bolton
Author: Peter Benson
Author: Mohamed Ismail
Author: Mohamed Ismail
Author: Hugh Beale
Author: Mohamed A.M. Ismail
Author: Peter Benson
Author: Matthias Ruffert
Author: Ding Guomin