The Impact of Incomplete Contracts on Economics

The Impact of Incomplete Contracts on Economics
Author: Philippe Aghion
Publisher: Oxford University Press
Total Pages: 224
Release: 2015-12-22
Genre: Business & Economics
ISBN: 0190259019

The 1986 article by Sanford J. Grossman and Oliver D. Hart titled "A Theory of Vertical and Lateral Integration" has provided a framework for understanding how firm boundaries are defined and how they affect economic performance. The property rights approach has provided a formal way to introduce incomplete contracting ideas into economic modeling. The Impact of Incomplete Contracts on Economics collects papers and opinion pieces on the impact that this property right approach to the firm has had on the economics profession.

Firms, Contracts, and Financial Structure

Firms, Contracts, and Financial Structure
Author: Oliver Hart
Publisher: Clarendon Press
Total Pages: 244
Release: 1995-10-05
Genre: Business & Economics
ISBN: 0191521728

This book provides a framework for thinking about economic instiutions such as firms. The basic idea is that institutions arise in situations where people write incomplete contracts and where the allocation of power or control is therefore important. Power and control are not standard concepts in economic theory. The book begins by pointing out that traditional approaches cannot explain on the one hand why all transactions do not take place in one huge firm and on the other hand why firms matter at all. An incomplete contracting or property rights approach is then developed. It is argued that this approach can throw light on the boundaries of firms and on the meaning of asset ownership. In the remainder of the book, incomplete contacting ideas are applied to understand firms' financial decisions, in particular, the nature of debt and equity (why equity has votes and creditors have foreclosure rights); the capital structure decisions of public companies; optimal bankruptcy procedure; and the allocation of voting rights across a company's shares. The book is written in a fairly non-technical style and includes many examples. It is aimed at advanced undergraduate and graduate students, academic and business economists, and lawyers as well as those with an interest in corporate finance, privatization and regulation, and transitional issues in Eastern Europe, the former Soviet Union, and China. Little background knowledge is required, since the concepts are developed as the book progresses and the existing literature is fully reviewed.

Foundations of Incomplete Contracts

Foundations of Incomplete Contracts
Author: Oliver D. Hart
Publisher:
Total Pages: 64
Release: 1998
Genre: Contracts
ISBN:

In the last few years a new area has emerged in economic theory, which goes under the heading of However, almost since its inception, the theory has been under attack for its lack of rigorous foundations. In this paper, we evaluate some of the criticisms that have been made of the theory, in particular, those in Maskin and Tirole (1998a). In doing so, we develop a model that provides a rigorous foundation for the idea that contracts are incomplete.

Philosophical Foundations of Fiduciary Law

Philosophical Foundations of Fiduciary Law
Author: Andrew S. Gold
Publisher:
Total Pages: 449
Release: 2014
Genre: Law
ISBN: 0198701721

Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.

Foundations of Economic Analysis of Law

Foundations of Economic Analysis of Law
Author: Steven Shavell
Publisher: Harvard University Press
Total Pages: 760
Release: 2009-07-01
Genre: Law
ISBN: 0674043499

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Can Blockchain Solve the Hold-up Problem in Contracts?

Can Blockchain Solve the Hold-up Problem in Contracts?
Author: Richard Holden
Publisher: Cambridge University Press
Total Pages: 94
Release: 2021-11-18
Genre: Political Science
ISBN: 100902017X

A vexing problem in contract law is modification. Two parties sign a contract but before they fully perform, they modify the contract. Should courts enforce the modified agreement? A private remedy is for the parties to write a contract that is robust to hold-up or that makes the facts relevant to modification verifiable. Provisions accomplishing these ends are renegotiation-design and revelation mechanisms. But implementing them requires commitment power. Conventional contract technologies to ensure commitment – liquidated damages – are disfavored by courts and themselves subject to renegotiation. Smart contracts written on blockchain ledgers offer a solution. We explain the basic economics and legal relevance of these technologies, and we argue that they can implement liquidated damages without courts. We address the hurdles courts may impose to use of smart contracts on blockchain and show that sophisticated parties' ex ante commitment to them may lead courts to allow their use as pre-commitment devices.

The Economics of Bankruptcy Reform

The Economics of Bankruptcy Reform
Author: Philippe Aghion
Publisher:
Total Pages: 78
Release: 1992
Genre: Bankruptcy
ISBN:

We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.

Public Choice and the Challenges of Democracy

Public Choice and the Challenges of Democracy
Author: Jos‰ Casas Pardo
Publisher: Edward Elgar Publishing
Total Pages: 392
Release: 2007-01-01
Genre: Political Science
ISBN: 9781847205285

This timely and important volume addresses the serious challenges faced by democracy in contemporary society. With contributions from some of the world's most prestigious scholars of public choice and political science, this comprehensive collection p

Adaptation, Specialization, and the Theory of the Firm

Adaptation, Specialization, and the Theory of the Firm
Author: Birger Wernerfelt
Publisher: Cambridge University Press
Total Pages: 329
Release: 2016-10-27
Genre: Business & Economics
ISBN: 1316798917

This invaluable book provides the foundations for a new theory of the firm, drawing on Birger Wernerfelt's landmark work on economic theory and the resource-based view of the firm. It addresses a vigorous and long-standing academic debate over what exactly a 'firm' is, both in the field of management and economics. Wernerfelt revisits his classic articles, including an extensively revised 'A Resource-Based View of the Firm' (1984), which have been updated and synthesized to provide precise and accessible concepts and predictions. By offering future directions for research and practice, this book will be of interest to students and scholars of management and economics alike.