ISBN : 9780198723202
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
PART I: THE OVERALL ARCHITECTURE OF CONTRACT GOVERNANCE
PART II: THIRD PARTY IMPACT AND CONTRACT GOVERNANCE PROBLEMS IN HERD BEHAVIOUR
PART III: GOVERNANCE OF NETWORKS OF CONTRACTS
PART IV: GOVERNANCE IN LONG-TERM CONTRACTUAL RELATIONSHIPS
PART V: CONTRACT GOVERNANCE AND RULE SETTING
PART VI: CONTRACT GOVERNANCE AND POLITICAL DIMENSIONS