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General Rules and Institutions of Private Law

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0007
Subject:
Law, Comparative Law

This chapter discusses Japanese private law. Topics covered include the Civil Code and Commercial Code, civil law rights and public welfare, the doctrine of good faith and fair dealing, abuse of ... More


Commercial Law

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0018
Subject:
Law, Constitutional and Administrative Law

This chapter discusses commercial law in Mexico, focusing primarily on the general principles of commercial transactions, as governed by the Commercial Code and supplemented by the Federal Civil ... More


Commercial Law: Globalization and Tradition

Chibli Mallat

in Introduction to Middle Eastern Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199230495
eISBN:
9780191710926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230495.003.0009
Subject:
Law, Comparative Law

This chapter focuses on commercial law. It argues that commercial law is the one field where borrowing from the West has taken place most systematically and felicitously. This thesis is illustrated ... More


Japanese Law

Hiroshi Oda

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.001.1
Subject:
Law, Comparative Law

This text contains the latest edition of this book. It covers the basis of the Japanese legal system, the civil code, business related laws, and other laws including criminal law and procedure, and ... More


The American Contract Law Framework

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 3 examines four main strands of the American contract law framework: American ‘federal common law’, uniform and model laws promulgated by the National Conference of Commissioners on Uniform ... More


France: National Correspondents: Hélène Bourbouloux and Sylvain Hustaix

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0022
Subject:
Law, EU Law

Mandat ad hoc Mandat ad hoc proceedings are very flexible. A debtor may request the appointment of a mandataire ad hoc, in charge of facilitating and supervising discussions with its main ... More


The Statutorification of Common-Law Fields: Torts, Contracts and Commercial Law, Civil Procedure, and Criminal Law

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0005
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter describes the process, over an interval between the years after World War I and the 1960s, in which most of the fields considered “basic” common-law subjects in legal education and the ... More


Merchant Law in a Modern Economy

Lisa Bernstein

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0013
Subject:
Law, Philosophy of Law, Law of Obligations

Drawing on empirical evidence from the Middle Ages to the present and theoretical arguments developed by neoformalist scholars over the past decade, this chapter explores the uneasy fit between the ... More


Ongoing Modernization of Japanese Company Law

Misao Tatsuta

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0010
Subject:
Law, Company and Commercial Law

In Japan of late, company law has been amended almost every year, and more than once in some years. On each occasion of such an amendment, the drafters have to write new stipulations in the literary ... More


An English Lawyer Looks at American Contract Law

Michael Bridge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0014
Subject:
Political Science, American Politics

This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with ... More


Suspending Contract Performance for Breach

JW Carter

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0019
Subject:
Law, Law of Obligations

This chapter argues for the adoption of the possibility of suspending performance as a remedy for breach. Rather than forcing the injured party to choose between terminating the contract and keeping ... More


The Battle of Forms

A D M Forte

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the issue of battle of forms in contract law. It explains that a battle of forms arises where each of the parties to what they at least perceive as a contract have employed ... More


Corporate Law

Hiroshi Oda

in Japanese Law

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198869474
eISBN:
9780191905810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869474.003.0012
Subject:
Law, Comparative Law

Japanese company law originally came from Germany. After the Second World War, there was some influence of US corporate law. In the aftermath of the economic crisis in the 1990s, Americanisation of ... More


The Civil Code, Civil Liability, and Contract Law

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter is about civil law in Indonesia, which is archaic and unsuited to contemporary needs. It begins by discussing the problematic influence of Dutch colonial law in this area—in particular, ... More


Remedies for Breach of Contract in Thai Law

Munin PONGSAPAN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0016
Subject:
Law, Law of Obligations, Comparative Law

The provisions of the Thai Civil and Commercial Code (TCCC), embodying the rules on remedies for breach of contract, were entirely borrowed from foreign legal systems, mainly German and Japanese law. ... More


Poland: National Correspondents:

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0036
Subject:
Law, EU Law

Polish insolvency law regulations were subject to major reforms when the new Restructuring Law and revised Bankruptcy Law came into force on 1 January 2016. Responses provided in this document ... More


Alternative and Complementary Routes in European Contract Law

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0012
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 11 examines the viability of several alternative and complementary routes to the adoption of a European contract law instrument contemplated in the debate, which include enhanced cooperation, ... More


Everything Flows and Nothing Abides: The Realist Turn to Social Science

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses the realist adoption of social science, starting with the definition of legal realism by Karl Llewellyn. Llewellyn's description of the realist approach is then related to the ... More


Pecuniary loss (except consequent on personal injury, death, or loss of reputation)

Andrew Burrows

in Remedies for Torts, Breach of Contract, and Equitable Wrongs

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198705932
eISBN:
9780191927294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198705932.003.0014
Subject:
Law, Law of Obligations

Breach of contract damages are normally sought and awarded for this type of loss. It is therefore not surprising that there is a host of different ways of analysing and subdividing it. Here the ... More


Poland: National Correspondents:

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0037
Subject:
Law, EU Law

Reform of the Polish insolvency law completed on 1 January 2016 has substantially changed the legal scene in Poland with instruments available to debtors to complete a reorganisation of their ... More


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