Law Commons^™

Cooperation Before Contract: The Law And Policy Of Expenses Incurred During Negotiations In Comparative Perspective, Luigi Russi

Luigi Russi

Pending negotiations for a contract, one party may begin to incur expenses in fulfilment of the proposed economic operation in anticipation of the finalisation of a formal contract, which is a common practice in many settings, from building and lease contracts to contracts for services in general. This book, therefore, focuses on controversies that may arise when an expected contract collapses after one party withdraws from negotiations, with an ensuing attempt to determine what liability, if any, the withdrawing party should face regarding expenses incurred by the other. The laws of England and Italy, along with several non-legislative codifications – …

A Tiny Heart Beating: Student-Edited Legal Periodicals In Good Ol' Europe, Luigi Russi, Federico Longobardi

Luigi Russi

This paper has a twofold aim: to analyze the possible opportunities disclosed by the observed growth of student- dited law reviews in Europe and to propose an innovative model of student participation to legal publication.

The first part explores the phenomenon of student-edited law reviews in the U.S., focusing on its recognized educational benefits. Among others, it is observed that participation in student-edited law reviews might promote greater scholarly maturity among J.D. students, who might in turn be better equipped for a career in the academia after finishing law school, in comparison to their same-age European peers. Hence, there follows …

Substance Or Mere Technique? A Precis On Good Faith Performance In England, France And Germany, Luigi Russi

Luigi Russi

This paper attempts to offer a concise discussion of good faith performance and other functionally equivalent doctrines in the laws of England, Germany and France. The study’s goal is that of appraising the consistency of existing differences. More specifically, of whether they relate merely to technique - not being paralleled by diverging final outcomes - or whether the rift is deeper and goes to the very substance of the approach to the solution of similar practical problems. For this purpose, the work first shows the close connection between good faith performance (of contractual obligations) and good faith enforcement (of contractual …

Premesse Implicite: Struttura Del Diritto E Formante Extralegale In Italia (Implicit Premises: Structure Of The Law And Extralegal Formant In Italy), Luigi Russi, Matteo Mattioni

Luigi Russi

The paper (in Italian) – a revision of ILSU Working Paper No. 2008-01/IT - aims to schematically illustrate and clarify the logical categories according to which it is hypothesized that the extralegal formant – law practitioners - of a specific civil law jurisdiction – Italy - logically understand the unity and functioning of their legal system. According to the working hypothesis, the logical categories described in the paper should provide an illustration of the formal framework of reference which Italian jurists resort to, for the purpose of justifying their arguments about the law. Hence, the analysis carried out in the …

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

Luigi Russi

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper’s focus narrows down to the – by no means infrequent – case of failure to renegotiate in presence of an arbitration clause governing the parties’ agreement. In the latter case, in particular, several …

Fairness In Contractual Relations: An Economic-Oriented Understanding Of Good Faith Performance, Luigi Russi

Luigi Russi

This is a derivative version of 'Can Good Faith Performance Be Unfair? An Economic Framework for Understanding the Problem', which appeared in the Whittier Law Review, vol. 29, 2008. In comparison to the version therein published, I have eliminated the mathematical appendix, and attempted to outline my reasoning exclusively in words, for it to be accessible to a wider readership.

Can Good Faith Performance Be Unfair? An Economic Framework For Understanding The Problem, Luigi Russi

Luigi Russi

The paper deals with the duty of good faith in contract performance, as set out in the U.C.C. In particular, it focuses on the different theories as to its practical meaning, by distinguishing between two types of standards: behavioral and economic ones. The latter are further framed after the Learned Hand formula of negligence, as adapted to contractual relationships by relevant literature. By analyzing the functioning of economic standards in presence of transaction costs, it is then concluded that economic standards are only weakly preferable to behavioral ones which, under certain conditions, may prove as useful in providing a practical …

The Rough Contract: Default Rules And Pareto-Efficient Equilibria In The Market Of Inputs, Luigi Russi

Luigi Russi

This article is the account of research undertaken in 2005 on the "antagonist" view of contract. Readers please be advised that the published version received sharp criticism by an anonymous referee; yet, I was not able to revise the work before its Internet publication. At any rate, the paper does retain - as it is - some significance with respect to the topic it addresses.