Comparative Contract Law /
edited by Pier Giuseppe Monateri
- Cheltenham, UK Edward Elgar Publishing Limited 2017
- xiii, 554p. : ill. ; 24cm
- Research Handbooks in Comparative Law .
It includes Index Pages.
Description: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
Table of Contents:
Content
Front Matter
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Full access Contents
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Full access Contributors Download PDF
Full access Introduction Pier Giuseppe Monateri
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PART I: CONTRACT LAW: THEORIES AND GENEALOGIES
Full access Chapter 1: Theories of contract law Brian H. Bix
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Restricted access Chapter 2: In defense of Roman contract law James Gordley Restricted access Chapter 3: The authoritarian theory of contract Pier Giuseppe Monateri Restricted access Chapter 4: Contract and the comparatist: should we think about contract in terms of ‘contracticles’? Geoffrey Samuel Restricted access Chapter 5: Critical comparative contract law Giovanni Marini
Restricted access Chapter 6: Contract law and regulation Giuseppe Bellantuono
PART II: MARKET VALUES AND THEIR CRITIQUES: PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS
Restricted access Chapter 7: Enforcing bilateral promises: a comparative law and economics perspective Francesco Parisi , Marta Cenini , and Barbara Luppi Restricted access Chapter 8: Spontaneous order and freedom of contract Carlo Ludovico Cordasco Restricted access Chapter 9: ‘Party autonomy’ Horatia Muir Watt Restricted access Chapter 10: Who is the contracting party? A trip around the transformation of the legal subject Maria Rosaria Marella
Restricted access Chapter 11: Freedom of contract and constitutional values: some exceptional cases from the Colombian Constitutional Court Pablo Moreno Cruz
PART III: REPRESENTATIONS AND NARRATIVES
Restricted access Chapter 12: The unburiable contract: Grant Gilmore’s discontinuous parabola and the literary construction of American legal style Cristina Costantini Restricted access Chapter 13: Queering the contractual paradigm between law and political theory Flavia Monceri Restricted access Chapter 14: Contracts in literature: from Doctor Faustus to vampires Daniela Carpi
Restricted access Chapter 15: Women and contracts in Angela Carter’s postmodern revision of the fairy tale Sidia Fiorato
PART IV: GLOBAL CONTEXT AND LOCAL FRAMES
Restricted access Chapter 16: The wrecking ball: good faith, preemption and US exceptionalism Peter Goodrich Restricted access Chapter 17: Technological contracts Massimiliano Granieri Restricted access Chapter 18: Contractual interpretation: the South African blend of common, civil and indigenous law in comparative perspective Andrew Hutchison Restricted access Chapter 19: Promissory estoppel Paolo Pardolesi
Restricted access Chapter 20: Party autonomy in global context: an international lawyer’s take on the political economy of a self-constituting regime Horatia Muir Watt