Control of Price Related Terms in Standard Form Contracts
Control of Price Related Terms in Standard Form Contracts

Author: Yeşim M. Atamer

Publisher: Springer Nature

Published: 2019-11-19

Total Pages: 772

ISBN-13: 3030230570

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This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Contract Law in Russia
Contract Law in Russia

Author: Maria Yefremova

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 328

ISBN-13: 1782253149

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The book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law countries. The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system.The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted. The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action. The target readership therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract and comparative civil law, as well as scholars of comparative legal systems and Russian area studies.

Introduction to Business Law in Russia
Introduction to Business Law in Russia

Author: Vladimir Orlov

Publisher: Routledge

Published: 2016-05-06

Total Pages: 335

ISBN-13: 1317113292

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This volume provides a comprehensive overview of business law in Russia. It presents an introduction to the Russian legal system in general before going on to provide a thorough analysis of the key aspects such as regulation, taxation, competition, contracts, intellectual property law, among many others. Where appropriate, cases and international comparisons are included to help illustrate the practical workings of this complex system. The book will be an invaluable guide for students, researchers and practitioners who want a clear understanding of legislation relating to business in contemporary Russia.

The Civil Code of the Russian Federation
The Civil Code of the Russian Federation

Author: Russia (Federation)

Publisher:

Published: 1997

Total Pages: 712

ISBN-13:

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This volume provides a complete and authoritative English translation of Parts I, II, and III of the Russian Civil Code, which entered into force in complete form in March 2002. The Civil Code is the central document of market reforms in Russia, dealing with the law of persons (including companies), ownership, contract in all forms, tort, unjust enrichment, inheritance, and private international law. It has been translated from the Russian by Professor Butler, an acknowledged expert in the field, and benefits from a detailed article-by-article table of contents, a thorough subject-index to the Code, and a Russian-English glossary of civil law terms.

International Agency and Distribution Law [2009] - I
International Agency and Distribution Law [2009] - I

Author: Dennis Campbell

Publisher: Lulu.com

Published: 2009-08-12

Total Pages: 622

ISBN-13: 0557092442

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2009 RELEASE: “International Agency and Distribution Law”, a three-volume set with more than 1,800 pages, examines countries in North and South America, Asia and the Pacific, the Middle East, and Europe and their laws affecting the sale of goods through use of local agents and distributors, addressing issues relating to distribution contracts, employment, tax liabilities, liability for the acts of the agent, and dispute resolution. The reports are prepared by local business practitioners. Order volumes II and III to complete the set. The publication is replaced by updated volumes annually. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

Transparency in Insurance Contract Law
Transparency in Insurance Contract Law

Author: Pierpaolo Marano

Publisher: Springer Nature

Published: 2020-03-11

Total Pages: 714

ISBN-13: 3030311988

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This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.

A History of Russian Law
A History of Russian Law

Author: Ferdinand J.M. Feldbrugge

Publisher: BRILL

Published: 2017-10-02

Total Pages: 1117

ISBN-13: 9004352147

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The beginnings of Russian law are documented by the Russo-Byzantine treaties of the 10th century and the oldest Russian law, the Russkaia Pravda. The tempestuous developments of the following centuries (the incessant wars among the princes, the Mongol invasion, the rise of the Novgorod republic) all left their marks on the legal system until the princes of Muscovy succeeded in reuniting the country. This resulted in the creation of major legislative monuments, such as the Codes of Ivan the Great of 1497 and of Ivan the Terrible of 1550. After the Time of Troubles the Council Code of the second Romanov Tsar, Aleksei, of 1649 became the starting point for the comprehensive Russian codification of the 19th century. The next period of Russian legal history is the subject of vol. 70 of Law in Eastern Europe: “A History of Russian Law. From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917”, Brill | Nijhoff, 2023 .

Contractual Performance and COVID-19
Contractual Performance and COVID-19

Author: Franz Schwarz

Publisher: Kluwer Law International B.V.

Published: 2021-11-25

Total Pages: 610

ISBN-13: 9403526343

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As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

The German Law of Contract
The German Law of Contract

Author: Basil S Markesinis

Publisher: Bloomsbury Publishing

Published: 2006-02-27

Total Pages: 1034

ISBN-13: 1847312012

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Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.

Russian business law: the essentials
Russian business law: the essentials

Author:

Publisher: Litres

Published: 2022-05-15

Total Pages: 552

ISBN-13: 504035682X

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This publication is intended to provide you with accurate and authoritative information concerning the subject matter covered. However, this publication is not a substitute for the advice of an attorney. If you require a legal or other expert advice, you should seek the services of a competent attorney or other professional.