Comparative Contract Law And Economics

Contents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions References Index

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‘This excellent book shows that comparing legal rules from an economic point of view is extremely valuable for legal scholarship. Comparative Contract Law and Economics allows for a better understanding of contract law and offers opportunities for better law-making.’
– Ann-Sophie Vandenberghe, Erasmus University Rotterdam, The Netherlands

‘Mitja Kovac is one of the frontrunners in the newest generation of comparative law scholarship – one that does not stay at the surface but digs deeply into economics, both to better explain the differences among legal systems and to show that these differences often do not exist.’
– Gerrit De Geest, Washington University School of Law, US

‘This monograph sets a model for what good comparative law and economics scholarship should look like. Solid legal thinking is coupled with sound and accessible economic analysis, with attention to real life legal problems.’
– Francesco Parisi, University of Minnesota, US and University of Bologna, Italy

Comparative Contract Law and Economics provides a deeper understanding of the similarities and differences between the legal systems of France, England, the US and Germany in terms of contract law.

The application of the economically inspired optimal model rule as a uniform term of comparison provides valuable insights into the pre-contractual duties of disclosure, the phenomena of unforeseen contingencies and the unilateral termination of contracts. The objective evaluation method enriches traditional comparative contract law by enabling further qualitative assessment. The book offers ample opportunities for further research and for ‘better’ law making, legislation and jurisprudence. Moreover, it enables comparative contract law to offer clear-cut, objective recommendations on the possible improvements of legal rules or decisions.

This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume.