scholarly journals The Relational Economics of Commercial Contract

2015 ◽  
Vol 3 (1) ◽  
pp. 91-130 ◽  
Author(s):  
Chapin F. Cimino
Keyword(s):  
Contract Theory ◽  
Legal Theory ◽  
Contract Law ◽  
Economic Behavior ◽  
Economic Effects ◽  
Complex Nature ◽  
Cooperative Relationships ◽  
Relational Contract ◽  
New Information ◽  
Rigorous Framework

Modern contract law scholarship embraces a particularly strange contradiction. On one hand, most legal scholars accept the core insight of what is called relational contract theory: most commercial contracts involve repeat players who seek to maximize wealth while still maintaining cooperative relationships. On the other hand, many of these same contract scholars believe that there is nothing contract law could or should do about it. They contend that contract law and legal theory are better off ignoring this insight, rather than trying to respond to it. This Article brings these disparate lines of contract scholarship together by introducing new information that could dramatically change how legal scholars make sense of relational contract theory. It turns out that while legal scholars have largely discounted the importance of relational contract theory, another community of scholars—working in organizational theory, marketing, and strategic management—have studied, tested, and developed its insights. As a result, they have not only empirically confirmed the presence of relational behaviors in modern contracting, but they have begun to discover the sort of data that might make it possible to better account for the economic effects of relational contracting behavior in both legal theory and contract law doctrine. This literature demonstrates that it is possible to operationalize the insights of relational contract theory in an interdisciplinary way that respects both the need for a methodologically rigorous framework and the complex nature of economic behavior. In this Article, I argue that contract law scholars should set out on that same course.

Νοn-Classical Paradigms in Contract Law in the American, European and Russian Legal Doctrines

2019 ◽  
Vol 9 (5) ◽  
pp. 1660
Author(s):  
A. E. KIRPICHEV ◽  
R. V. SHAGIEVA ◽  
S. V. NIKOLYUKIN ◽  
N. E. BORISOVA ◽  
V. V. RALKO
Keyword(s):  
Paradigm Shift ◽  
Legal Theory ◽  
Contract Law ◽  
Functional Method ◽  
Relational Contract ◽  
The World ◽  
Holistic Theory ◽  
Further Development ◽  
Dominant Paradigm ◽  
Holistic Manner

Thematic justification: In many regions of the world, scholars have renewed a discussion on the nature and properties of contracts as a legal phenomenon, leading to the emergence of so-called ‘non-classical theories of contract’: contract as a promise, relational contract, contract as a network etc. This article’s aim is to compare non-classical approaches to contract and check the possibility of creating a modern holistic theory of contract. This article’s methodology is based on the functional method, the use of which provides a comparative perspective, meaning that each of the explored approaches to the theory of contract should be studied in the context of its causes and problems it solves. The article systematizes problems solved by non-classical theories of contracts and concludes that the development of a new theory means the appearance of a new solution, not only for the problem for which it was designed but also for some others from the list. No theory solves all the problems of contract law. Numerous theories of the 20th and 21st centuries have shown the directions, in which it is necessary to carry out research and to seek approaches whose combinations and mutual critical evaluations will allow the formation of a met theory of contract law, the further development of which can lead to a dominant paradigm shift in response to the emergence of an integrative legal theory of contract viewed in a holistic manner as a multifaceted phenomenon.

scholarly journals GOOGLE ADSENSE PERSPEKTIF HUKUM PERJANJIAN ISLAM

2019 ◽  
Vol 9 (2) ◽  
Author(s):  
Muhammad Bahaur Rijal ◽  
Nahara Eriyanti
Keyword(s):  
Business Ethics ◽  
Contract Theory ◽  
Legal Theory ◽  
Field Research ◽  
Contract Law ◽  
Legal Aspects ◽  
Mutual Benefit ◽  
Standard Contract ◽  
Legal Perspective ◽  
Online Business

This research examines is about the mechanism of the Google Adsense contract viewed from the legal aspects of the Islamic agreement. Google Adsense mechanism is different from business mechanisms in general, the differentiation is seen from the involvement of advertisers, Google and publishers who are bound in an online contract system. The purpose of this research is to find out how the mechanism of Google Adsense, besides analyzing the legal theory of Islamic agreements on the mechanism of Google Adsense. Type of research is a descriptive-analytical field research using a pattern of Islamic legal approach. There are two theories on which this research is based, namely contract theory and online business theory for analyzing legal aspects. The contract theory used focuses on the theory of the muamalat legal perspective contract which is then used to analyze transactions in Google Adsense, then from that analysis will be known how the law of the Google Adsense business. The results of this study indicate that the mechanism that occurs in Google Adsense reflects the basic values of the contract that are in accordance with the rules of the contract law. Standard contract enforcement aims to avoid moral hazard to protect the parties involved in online business for the realization of mutual benefit and prosperity. In addition, the screening efforts imposed on Google Adsense aim to demonstrate the application of business ethics values, which are known to have implications for the validity of the contract (in accordance with Islamic treaty law) Keywords: Google Adsense, contract

Relational Contracts

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Contract Theory ◽  
Contract Law ◽  
Dynamic Processes ◽  
Relational Contracts ◽  
Legal Rules ◽  
Relational Contract ◽  
Contractual Relationship ◽  
Dynamic Relationship ◽  
Contract Formation ◽  
The Stranger

Chapter 54 concerns relational contracts. Classical contract law was implicitly based on a paradigm consisting of a bargain made between strangers transacting on a perfect market, and focused on the static instant of contract formation, rather than dynamic processes such as the evolution of a contractual relationship. Relational-contract theory rejects the stranger-in-a-perfect-market paradigm and the static conception of contract law. Instead, it is based on a paradigm of a contractual transaction between actors who are in an ongoing and dynamic relationship. The identification of relational contracts as an economic and sociological entity is desirable. However, a theory of relational contracts requires the formulation of a body of legal rules applicable to, and only to, relational contracts. This is a place to which relational-contract theory has not gone and cannot go.

scholarly journals GOOGLE ADSENSE PERSPEKTIF HUKUM PERJANJIAN ISLAM

2019 ◽  
Vol 9 (2) ◽  
Author(s):  
Muhammad Bahaur Rijal ◽  
Nahara Eriyanti
Keyword(s):  
Business Ethics ◽  
Contract Theory ◽  
Legal Theory ◽  
Field Research ◽  
Contract Law ◽  
Legal Aspects ◽  
Mutual Benefit ◽  
Standard Contract ◽  
Legal Perspective ◽  
Online Business

This research examines is about the mechanism of the Google Adsense contract viewed from the legal aspects of the Islamic agreement. Google Adsense mechanism is different from business mechanisms in general, the differentiation is seen from the involvement of advertisers, Google and publishers who are bound in an online contract system. The purpose of this research is to find out how the mechanism of Google Adsense, besides analyzing the legal theory of Islamic agreements on the mechanism of Google Adsense. Type of research is a descriptive-analytical field research using a pattern of Islamic legal approach. There are two theories on which this research is based, namely contract theory and online business theory for analyzing legal aspects. The contract theory used focuses on the theory of the muamalat legal perspective contract which is then used to analyze transactions in Google Adsense, then from that analysis will be known how the law of the Google Adsense business. The results of this study indicate that the mechanism that occurs in Google Adsense reflects the basic values of the contract that are in accordance with the rules of the contract law. Standard contract enforcement aims to avoid moral hazard to protect the parties involved in online business for the realization of mutual benefit and prosperity. In addition, the screening efforts imposed on Google Adsense aim to demonstrate the application of business ethics values, which are known to have implications for the validity of the contract (in accordance with Islamic treaty law) Keywords: Google Adsense, contract

The prospects for pluralism in contract theory

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Zhong Xing Tan
Keyword(s):  
Contract Theory ◽  
Practical Reasoning ◽  
Contemporary Literature ◽  
Contract Law ◽  
Macro Level ◽  
Meso Level ◽  
Specific Performance ◽  
Micro Level

Abstract This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing and practical reasoning. I suggest embracing some pluralism about contract pluralism, by using these models to construct a framework of ‘meta-pluralism’, where at the macro-level, we are concerned with plural spheres of contracting activity; at the meso-level, a variety of trans-substantive interpretive concepts that receive some measure of juristic consensus; and at the micro-level, practical reasoning through particularistic analysis of case-specific considerations. I illustrate the meta-pluralistic framework through a case study on the varieties of specific performance, and explain how the proposed pluralistic framework enriches our understanding of the nature of contract.

scholarly journals 關係契約視野下的婚姻家庭

2018 ◽  
Vol 16 (2) ◽  
pp. 41-44
Author(s):  
Dan HAN
Keyword(s):  
Family Life ◽  
Contract Theory ◽  
Marriage And Family ◽  
Relational Contract ◽  
Digital Commons

LANGUAGE NOTE | Document text in Chinese; abstract in English only.According to relational contract theory, the parties in a marriage and family should not only respect the independence and autonomy of the parties, but also shape the unity of the parties. This constitutes a paradox of modern marriage and family. Contractual intimacy can be expressed in many forms, and can even be expressed freely without form. However, the phenomena of marriage and family life are by no means merely contracts of relations; they are just as much about ideas as about facts.DOWNLOAD HISTORY | This article has been downloaded 69 times in Digital Commons before migrating into this platform.

Sign in / Sign up

Export Citation Format

Share Document