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Good faith in long-term relational supply contracts in the context of hardship from a comparative perspective

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Good faith in long-term relational supply contracts in the context of hardship from a comparative perspectiveby Peng Guo.
作者:	Guo, Peng.
出版者:	Singapore :Springer Singapore :2022.
面頁冊數:	xvii, 184 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
標題:	Contracts (International law)
電子資源:	https://doi.org/10.1007/978-981-16-5513-5
ISBN:	9789811655135$q(electronic bk.)

Good faith in long-term relational supply contracts in the context of hardship from a comparative perspective
Guo, Peng.

Good faith in long-term relational supply contracts in the context of hardship from a comparative perspective[electronic resource] /by Peng Guo. - Singapore :Springer Singapore :2022. - xvii, 184 p. :ill., digital ;24 cm.

Chapter 1. Introduction -- Chapter 2. Long-Term Contracts and Relational Contracts -- Chapter 3. Hardship Rules in Domestic Laws and International Instruments -- Chapter 4. Good Faith in Domestic Laws and International Instruments -- Chapter 5. Manifestations of Good Faith in the Context of Hardship under the UNIDROIT Principles and the Way Forward -- Chapter 6. The Future Solution to Hardship: A Relational and Good Faith Approach.

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

ISBN: 9789811655135$q(electronic bk.)

Standard No.: 10.1007/978-981-16-5513-5doiSubjects--Topical Terms:

174460
Contracts (International law)

LC Class. No.: K840

Dewey Class. No.: 346.07

Good faith in long-term relational supply contracts in the context of hardship from a comparative perspective
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520 $a This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
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