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Contract Governance - Dimensions in Law and Interdisciplinary Research | Oxford Scholarship Online
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Contract Governance: Dimensions in Law and Interdisciplinary Research

Stefan Grundmann, Florian Möslein, and Karl Riesenhuber

Abstract

This book introduces and develops contract governance as a new approach to contract theory. It thereby aims at setting an international and interdisciplinary research agenda for modern contract law. Contract governance combines insights from governance research and contract theory. As an umbrella term, contract governance therefore covers various and very diverse issues of governance in contract law and contract practice—just as corporate governance does for company law and finance. While the concept of governance was originally developed in Williamson’s seminal article with a view to the ‘gov ... More

Keywords: contract governance, regulation theory, contract theory, third party impact, herd behaviour, networks of contracts, long-term contractual relationships, rule-setting, private regulation, regulatory innovation

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198723202
Published to Oxford Scholarship Online: September 2015 DOI:10.1093/acprof:oso/9780198723202.001.0001

Authors

Affiliations are at time of print publication.

Stefan Grundmann, editor
Professor of Transnational Private and European Business Law, European University Institute, Florence and Professor of Private Law, Business Law and Legal Theory, Humboldt University, Berlin

Florian Möslein, editor
Chair of Civil Law, German and European Economic Law Institute for Trade, and Commercial Law, Philipps-University Marburg

Karl Riesenhuber, editor
Professor and Chair for Civil Law, German, and European Economic Law, Ruhr-University, Bochum

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Contents

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Part I The Overall Architecture of Contract Governance

1 Contract Governance: Dimensions in Law and Interdisciplinary Research

Stefan Grundmann, Florian Möslein, and Karl Riesenhuber

Part II Third Party Impact and Contract Governance Problems in Herd Behaviour

2 The Concept of Herd Behaviour: Its Psychological and Neural Underpinnings

Tatsuya Kameda, Keigo Inukai, Thomas Wisdom, and Wataru Toyokawa*

Part III Governance of Networks of Contracts

5 Contract, Uncertainty, and Innovation

Ronald J. Gilson*, Charles F. Sabel **, and Robert E. Scott***

Getting it Just Right

Gerard Hertig*

Part IV Governance in Long-Term Contractual Relationships

9 Class Actions, Compliance, and Moral Cost

Bruno Deffains and Dominique Demougin*

Intrinsic and Extrinsic Motivations to Comply with Legal Rules

Fernando Gomez* and Mireia Artigot i Golobardes**

Part V Contract Governance and Rule-setting

Part VI Contract Governance and Political Dimensions

End Matter