The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision

The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision
Author: Başak Başoğlu
Publisher: Springer
Total Pages: 340
Release: 2016-02-25
Genre: Law
ISBN: 331927256X

This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

On the Take

On the Take
Author: Lindy Muzila
Publisher:
Total Pages: 0
Release: 2012
Genre: International law
ISBN: 9780821394540

Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups

Politics, Property and Production in the West African Sahel

Politics, Property and Production in the West African Sahel
Author: Tor Arve Benjaminsen
Publisher: Nordic Africa Institute
Total Pages: 342
Release: 2001
Genre: Business & Economics
ISBN: 9789171064769

Through a number of case studies from the West African Sahel, this book links and explores natural resources management from the perspectives of politics, property and production.

The Dialogue in Hell Between Machiavelli and Montesquieu

The Dialogue in Hell Between Machiavelli and Montesquieu
Author: Maurice Joly
Publisher: Lexington Books
Total Pages: 426
Release: 2003
Genre: History
ISBN: 9780739106990

Joly's (1831-78) Dialogue aux enfers entre Machiavel et Montesquieu is the major source of one of the world's most infamous and damaging forgeries, The Protocols of the Elders of Zion. That, however, was concocted some two decades after he died, and American political scientist Waggoner points to Joly's own text for evidence that he was not anti-semitic and was an intransigent enemy of the kind of tyranny the forgery served during the 1930s. He translates the text and discusses Joly's intentions in writing it and his contribution to the understanding of modern politics. Annotation copyrighted by Book News, Inc., Portland, OR.

Murder, Manslaughter and Infanticide

Murder, Manslaughter and Infanticide
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 280
Release: 2006-11-29
Genre: Political Science
ISBN: 0102943680

A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.

A Complete Collection of the Treaties and Conventions

A Complete Collection of the Treaties and Conventions
Author: Lewis Hertslet
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781022682177

This extensive collection compiles the full text of treaties and conventions entered into by Great Britain from the 17th to the 19th century. Including agreements with foreign powers, Native American tribes, and more, this resource is an essential reference for scholars, policymakers, and anyone interested in the history of international relations. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.