Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 100 for “"contract law"”.
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Contract Law in the Age of Complexity
… provides a new account of the development of contract law between 1750 and 1914. Using a combination of doctrinal and quantitative methods, it shows how a vast quantity of law was produced in the late 18th and early 19th century. This wave of law deeply affected the legal system: the …
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Fundamental change of circumstances in contract law
Parties to a contract base their consensus on the facts known to them at the time of contracting - should there be an unforeseen change in these circumstances, it may no longer be just for one party to enforce the agreement against the other. Because the losses and gains consequent upon a change in …
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Concept and evolvement of Chinese Contract Law
… dissertation discusses the evolvement of Chinese Contractual law and establishes as to whether it converges or has any similarity with any Western legal norms and standards. I will view the recent history and early sources of Chinese law as influenced by political changes and tradition; as well as …
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Implied Obligations of Good Faith in English Contract Law
The concept of ‘good faith’ in English contract law has been the subject of intensified debate in the last decade. This has been precipitated partly by developments in other jurisdictions, as well as being influenced by academic and extrajudicial writings. By far the most impactful driver of the …
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Sentimental damages in English contract law : a critical analysis
… angst-spawning confusion plaguing this area of law stems from a feckless amalgamation of parallel, if not competing, notions of loss. Let me explain. When a promisee seeks judicial relief for breach, the court habitually applies two deeply-ingrained presumptions of fact whose status has been …
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A ROMAN LAW PERSPECTIVE ON SUPERVENING EVENTS IN CHINESE CONTRACT LAW
… of change of circumstances in Chinese civil law, tracing their conceptual roots to Roman law – particularly the assessments of vis maior by pre-classical and classical jurists. The concept of vis maior is developed through a terminological reflection based on sources from the Digest of …
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The regulatory function of contract law: A comparative law and economics approach
… challenges the traditional view of national contract laws as facilitative regimes and argues that contract law on the national level has been progressively re-oriented to perform an efficiency-driven regulatory function. To develop the argument the thesis studies the contract law remedial …
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The UNIDROIT Principles of lnternational Commercial Contracts and South African Contract Law
The present state of international trade law governing commercial contracts seems to be far from satisfactory. A commercial transaction between parties from different countries gives rise to a variety of legal issues that normally find no counterpart in a purely domestic transaction. 1 Since the …
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In search of coherence and consistency in European contract law: a way forward
… divergent and fragmentary state of European contract law at the EU and national levels. This question was answered in the affirmative. Action was needed to simplify the regulatory environment for cross-border trade; to provide businesses and consumers with a single, comprehensive, and …
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Realism and idealism in the harmonization of contract law in the European Union
… emphasized by advocates of the harmonization of law in the European Union, a principle which has been included in each of the treaties of accession. Following political events in 1989, the concept of a Europe-wide law of obligations received renewed impetus. The leading advocates, who comprised a …
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Good faith in contract law : a comparative analysis of English and German law.
… faith has an important role to play in English contract law, where the elements necessary for its recognition already exist. Nevertheless, the issue has divided the contract community. Although there is strong support for the recognition of such a concept, it is more often rejected on the basis …
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Overcoming Divergence in English and French Contract Law: A Common Taxonomy of Commercial Contracts
… comparative study of the English and French law responses to common problems pertaining to contractual performance and contractual interpretation. My comparative inquiry demonstrates that both France and England have stayed true to their historic responses in times of peace and crisis …
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The impact of Beadica on the public policy doctrine in South African contract law
… settle a long-standing debate in South African contract law concerning the proper scope of the public policy doctrine. This thesis traces the historical development of the doctrine and then critically evaluates the Beadica decision, firstly by clarifying what it held and, secondly by identifying …
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The role of Good Faith in South African Contract Law: a critical analysis of the Beadica Judgement
… the exact role that good faith plays in the law of contract for years now. Determining the proper operation and application of this principle has lent itself to many problems that have manifested in an inconsistent application of the principle of good faith and, therefore, a lack of …
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Recontruction of standard contract clause in sharia contract law: A study on standard contract clause at BTN Sharia
… transactions is parallel with the standard contract clause that facilitates the contract drafter. In its development, the sharia agencies also use standard contract clause for transaction. Although standard contract clause has put the sharia elements in it, but there are some weaknesses, …
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Canadian Contract Law Teaching and the Failure to Operationalize: Theory Practice, Realism Formalism, and Aspiration Reality in Contemporary Legal Education
… practices, and teaching materials of Canadian contract law professors to better understand the relationship between theory and practice in legal education. Professors express a widespread aspiration to translate theory into practice – to incorporate theoretical and critical perspectives as a …
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Insurance in the Islamic Legal System : A Comparative Study of Insurance and Risk from a Tort and Contract Law Perspective.
… on a research of insurance from a comparative law perspective was inspired by a desire to tackle one of the most controversial issues in Islamic legal studies. Several edicts have concluded that insurance is incompatible with Islamic ethos and legal precept, but the mere official recitation of …
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A comparative critical analysis of the concepts of error and misrepresentation in English, Scottish, Islamic, International Contract Law, and Palestinian Draft Civil Law
Although the laws of error and misrepresentation have a decisive impact on contract and contractual relationship, existing studies of Islamic jurisprudence, and the CISG have occasionally discussed or considered these fundamental topics. These legal systems do not assume the obvious approach found …
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