643 resultados para Contractual solidarism


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Contractual arrangements’ were proposed as an initial step towards a fiscal union that would consolidate the EMU. At this stage, the debate should be centred on the cornerstone of these contracts: the solidarity mechanism. The form of the financial support should not be limited to loans, and include the possibility for grants. Only the countries with the greatest adjustment needs should benefit from the financial support of other countries. This solidarity could be justified in principle by the intensity of the ‘shocks’ they experienced. In this way, contractual arrangement would facilitate the completion of the necessary adjustment in the current crisis – thanks both to more structural reforms and more mutual support within the eurozone.

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Mode of access: Internet.

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"May 1983."

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Thesis (doctoral)--Universidad Central Madrid.

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In 1993 Leggatt L.J. said in Abu Dhabi National Tanker Co. v. Product Star Shipping Ltd. (The Product Star) [1993] 1 Lloyds Rep. 397, 404: Where A and B contract with each other to confer a discretion on A, that does not render B subject to A’s uninhibited whim. In my judgment, the authorities show that not only must the discretion be exercised honestly and in good faith, but, having regard to the provisions of the contract by which it is conferred, it must not be exercised arbitrarily, capriciously or unreasonably.

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Analyses how to calculate damages for the loss of an opportunity by reason of a breach of contract, in the light of the House of Lords judgment in Gregg v Scott concerning clinical negligence. Discusses whether different principles apply to contract claims and torts.

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This paper considers the role of opportunism in three contractual theories of the firm: rent-seeking theory, property rights theory, and agency theory. In each case I examine whether it is possible to have a functioning contractual theory of the firm without recourse to opportunism. Without opportunism firms may still exist as a result of issues arising from (incomplete) contracting. Far from posing a problem for the theory of the firm, questioning the role of opportunism and the ubiquity of the hold-up problem helps us understand more about the purpose and functions of contracts which go beyond mere incentive alignment.

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In the first of a three-part article, the writers consider the extent to which the contractual termination of a lease by frustration and acceptance of a repudiatory breach has been accepted in Commonwealth case law, notably Canada, the United States and Australia.

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In the second part of this article, the writers examine how far the English courts have acknowledged the application of the doctrine of frustration and acceptance of repudiation in the leasehold context.

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In the final part of this article, the writers consider the interrelation between contractual termination and the various statutory provisions governing forfeiture and termination of a business tenancy under Pt II of the Landlord and Tenant Act 1954. The article concludes by suggesting that termination by acceptance of a repudiatory breach is not only a welcome, but necessary incursion into leasehold law in order to provide tenants with the ability to end the lease in cases of serious landlord default.