违约责任中的精神损害赔偿制度

精神损害赔偿制度在侵权责任领域已经得到立法的认可,但对于违约中的精神损害,《合同法》却持否定态度。人们对精神利益的追求,使得具有精神利益目的的合同逐渐增多,对违约精神损害赔偿制度的建立也引起了更多法律人的关注。在服务型合同中建立违约精神损害赔偿制度的大胆尝试,对推动合同法体制的健全大有裨益。     

Contractual Practice and Land Conflicts: The ‘Plant & Share’ Arrangement in Côte d'Ivoire

This paper tackles the broad issue of agrarian contracts, property rights and conflicts in the context of rural Côte d'Ivoire. Since the beginning of the 2000s, a new type of contractual arrangement has been developing rapidly: the ‘Plant & Share’ contract. Through such a contract, a landowner provides the land to a farmer who develops a perennial tree crop plantation; when production starts, the plantation, the plantation and the land, or the product is shared. The aim of the paper is to discuss the conflictive features of the arrangement. I argue that this contract, in spite of its potential for tensions and conflicts, constitutes an alternative to the much more conflictive land sales that currently dominate extra‐familial land transfers in the country.     

Renters,landlords, and farmland stewardship

Are farmers better stewards of the land they own than the land they rent from others? We answer this question using a data set that identifies Ontario farmers’ conservation practices on their own land as well as the land they rent. Using a fixed‐effects regression approach, we find that the role of tenure varies for different types of conservation practices. Farmers were found to be just as likely to adopt a machinery‐related practice such as conservation tillage on their rented land as that land which they own. On the other hand, farmers were found to be less likely to adopt site‐specific conservation practices such as planting cover crops on rented land. However, this effect diminishes as the expected length of the rental relationship increases when the landlord has a farming background.     

法律完备度与证券市场内幕交易监管有效性分析

本文从执法者的行动策略和内幕交易监管制度这两个方面,分析了我国内幕交易法律的完备度,并寻找我国内幕交易监管有效性相对较弱的原因。通过与发达国家证券市场执法策略和制度安排的比较,发现内幕交易法律的不完备性将直接影响到内幕交易监管的有效性。一个国家的内幕交易法律越完备,其内幕交易监管的有效性也就越强。     

State enforceability of noncompete agreements: Regulations that stifle productivity!

Noncompete agreements (also known as covenants not to compete [CNCs]) are frequently used by many businesses in an attempt to maintain their competitive advantage by safeguarding their human capital and the associated business secrets. Although the choice of whether to include CNCs in employment contracts is made by firms, the real extent of their restrictiveness is determined by the state laws. In this article, we explore the effect of state‐level CNC enforceability on firm productivity. We assert that an increase in state level CNC enforceability is detrimental to firm productivity, and this relationship becomes stronger as comparable job opportunities become more concentrated in a firm's home state. On the other hand, this negative relationship is weakened as employee compensation tends to become more long‐term oriented. Results based on hierarchical linear modeling analysis of 21,134 firm‐year observations for 3,027 unique firms supported all three hypotheses.     

A strict expected multi-utility theorem

This paper integrates two key approaches to the representation of incomplete preferences over lotteries. The main result strengthens the conclusion of the expected multi-utility theorem in Dubra, Maccheroni, and Ok (2004) by ensuring that all utility indices involved are Aumann utilities (i.e., yield a strictly increasing expectation). The advantages of the method are demonstrated by parametrizing maximal elements and by providing a novel characterization of Aumann utilities.     

论第三方物流合同违约责任的归责原则

20世纪末,第三方物流迅速发展,由传统第三方物流逐渐向现代整合性第三方物流过渡,相应的,第三方物流合同也逐渐从传统的运输、仓储合同向类型结合型的第三方物流合同转化。这种类型结合型的第三方物流合同系无名合同,其裁判依据包括双方之间订立的第三方物流合同本身(包括补充协议、体系解释、交易习惯)和民事法律规范。从双方之间订立的第三方物流合同角度而言,其违约责任多采用的是严格责任归责原则。从民事法律规范的角度来说,基于个案中能否确认货损发生的区间,第三方物流合同适用不同的违约责任的归责原则,或适用《合同法》总则的严格责任原则,或适用损失确认区间适用法律的违约责任的归责原则。     

Expropriation risk and technology

This paper develops a unified framework to analyze the dynamics of firm investment in countries with poor legal enforcement. The firm's technology edge over the government generates endogenous property rights. Industry variation in the technology gap predicts a sectoral pecking-order of expropriations. Long-run investment distortions may be Pareto superior relative to persistent investment at the static optimum. The dynamics of investment and transfers depend on whether incentives (backloading) or efficiency (frontloading) concerns dominate at the initial division of surplus. An increase in government efficiency may reduce its welfare. The model provides a technology-driven rationale for the widespread use of conglomerate structures in emerging market countries.     

A Comparison of Buyers and Nonbuyers of Extended Service Contracts

ABSTRACT

Only a few empirical research studies about extended service contracts have appeared in the services marketing literature. This study used Chi Square analysis as a methodology to distinguish between buyers and non-buyers of extended service contracts. The findings suggest that while buyers and non-buyers were very similar demographically and psychographically, there were considerable differences in motivation for purchasing or not buying. Of the ten motivation variables, eight were significant at or beyond p < 0.05. Moreover, some ethical implications for professional salespeople marketing these service contracts were discussed.