Bøger i Markets and the Law serien

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness.This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the 2005 Unfair Commercial Practices Directive, or UCPD, and whether the many possible issues identified at its inception have been borne out in practice. The volume examines the various policy developments.

China has entered a significant stage in its economic transition with the promulgation of the bankruptcy law. The law introduces a uniform and seemingly sophisticated regime, drawing inspiration from mature insolvency systems. This book presents a picture of the reformed Chinese bankruptcy legal structure.

Of great interest to practitioners, policymakers and academics this work addresses all important legal and practical issues that arise in connection with online trading.

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars.

Tracks developments in the consumer law field with a domestic, regional and international dimension. This volume presents a range of scholarly articles, analytical in approach and focusing on specific areas of consumer law such as credit, consumer redress and the impact of the European Union on consumer law.

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book analyses the traditional categories of priorities in corporate insolvency and explores potential categories for statutory priority status.

Provides an analysis of good faith and fairness in consumer contracts. A controversial issue given the Unfair Terms Directive/Regulations and the questions as to its impact on English law, this book examines the complexity of 'fairness' as a legal and moral concept and its relationship with socio-economic policies such as European integration.

This book will trace in detail the implementation of the E.C. Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees in three Member States, and also monitor the impact of the Directive in the other Member States, including the new members from Central and Eastern Europe.

Provides an evaluation of the current state of English law. This volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy.

This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors in the field of consumer law and access to justice. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.

The Future of the Law of Contract takes a comparative approach in addressing how the law of contract will develop over the next twenty-five years, as well as considering the ways in which changes to the way that contracts are made will affect the law.

Explores contemporary problems related to the regulation of consumer credit in market economies with a focus on credit extended to the vulnerable and poorest members of the community. This book examines some of the important consumer credit issues and proposes different ways to protect the consumer interest in those markets.