Comparative Contract Law / edited by Pier Giuseppe Monateri

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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Copyright

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Contents

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Contributors
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Introduction
Pier Giuseppe Monateri

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PART I: CONTRACT LAW: THEORIES AND GENEALOGIES

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Chapter 1: Theories of contract law
Brian H. Bix

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Chapter 2: In defense of Roman contract law
James Gordley
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Chapter 3: The authoritarian theory of contract
Pier Giuseppe Monateri
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Chapter 4: Contract and the comparatist: should we think about contract in terms of ‘contracticles’?
Geoffrey Samuel
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Chapter 5: Critical comparative contract law
Giovanni Marini

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Chapter 6: Contract law and regulation
Giuseppe Bellantuono

PART II: MARKET VALUES AND THEIR CRITIQUES: PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS

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Chapter 7: Enforcing bilateral promises: a comparative law and economics perspective
Francesco Parisi
, Marta Cenini
, and Barbara Luppi
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Chapter 8: Spontaneous order and freedom of contract
Carlo Ludovico Cordasco
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Chapter 9: ‘Party autonomy’
Horatia Muir Watt
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Chapter 10: Who is the contracting party? A trip around the transformation of the legal subject
Maria Rosaria Marella

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Chapter 11: Freedom of contract and constitutional values: some exceptional cases from the Colombian Constitutional Court
Pablo Moreno Cruz

PART III: REPRESENTATIONS AND NARRATIVES

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Chapter 12: The unburiable contract: Grant Gilmore’s discontinuous parabola and the literary construction of American legal style
Cristina Costantini
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Chapter 13: Queering the contractual paradigm between law and political theory
Flavia Monceri
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Chapter 14: Contracts in literature: from Doctor Faustus to vampires
Daniela Carpi

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Chapter 15: Women and contracts in Angela Carter’s postmodern revision of the fairy tale
Sidia Fiorato

PART IV: GLOBAL CONTEXT AND LOCAL FRAMES

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Chapter 16: The wrecking ball: good faith, preemption and US exceptionalism
Peter Goodrich
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Chapter 17: Technological contracts
Massimiliano Granieri
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Chapter 18: Contractual interpretation: the South African blend of common, civil and indigenous law in comparative perspective
Andrew Hutchison
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Chapter 19: Promissory estoppel
Paolo Pardolesi

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Chapter 20: Party autonomy in global context: an international lawyer’s take on the political economy of a self-constituting regime
Horatia Muir Watt

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Index