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Principal (commercial law)

About: Principal (commercial law) is a research topic. Over the lifetime, 1579 publications have been published within this topic receiving 35379 citations. The topic is also known as: Principal (commercial law).


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Journal ArticleDOI
TL;DR: In this article, it was shown that Maskin and Tirole (1990, proposition 11) may not hold when the agent faces countervailing incentives, and it has been shown that with quasi-linear preferences and private values, an informed principal neither gains nor loses if her private information is revealed before contracting takes place.

15 citations

Journal ArticleDOI
TL;DR: Wang et al. as discussed by the authors argue that the principal contradiction facing Chinese society has changed into one between the people's evergrowing need for a better life and the march toward the rule of law.
Abstract: China has entered a new era in our march toward the rule of law, and the principal contradiction facing Chinese society has changed into one between the people’s ever-growing need for a better life...

15 citations

Journal ArticleDOI
TL;DR: The United States Supreme Court had no occasion to pass on the constitutionality of legislation making obscenity a crime for more than one hundred and fifty years after the adoption of the First Amendment.
Abstract: The United States Supreme Court had no occasion to pass on the constitutionality of legislation making obscenity a crime for more than one hundred and fifty years after the adoption of the First Amendment. Within the last five years, however, the Court has been confronted with and decided most of the principal questions relating to the problem. It has thus defined a body of law which has rich interest for lawyer and layman alike, and has developed constitutional doctrine with major implications transcending the immediate problem. The purpose of this article is to examine some of the Court's recent opinions' in order to see how it has resolved the perplexities inherent in the problem of the validity of such legislation and to see what issues, if any, remain to be decided.2

15 citations

Journal ArticleDOI
TL;DR: In this article, the authors draw some lessons from the English and American history in that matter and apply them to the making of the future European State, where the capacity to make law gives the opportunity to take advantage of the incompleteness of the constitutional contract.
Abstract: The framework of public decisions, and particularly the provision of law, is seen here as an agency contract. What distinguishes this contract is the nature of the right delegated to the agent: The capacity to make law gives the opportunity to take advantage of the incompleteness of the constitutional contract. The agency relationship may be loosened or even reversed. This article tries to draw some lessons from the English and American history in that matter and applies them to the making of the future European State.

15 citations

Journal ArticleDOI
TL;DR: In this paper, the authors conclude that Polish legal culture can be characterized as highly positivist and dogmatic (formalist) with a very narrow understanding of the notion of "sources of law" (which are limited to written law but exclude e.g. precedent).
Abstract: On the basis of an analysis of selected pieces of legal discourse produced by the principal practices of Polish legal culture, the paper concludes that the said culture can be characterised as being highly positivist and dogmatic (formalist). This includes such features as a very narrow understanding of the notion of ‘sources of law’ (which are limited to written law but exclude e.g. precedent), textualism as the main approach to legal interpretation, as well as a high degree of abstraction of legal thought. These characteristics of Polish legal culture are explained by historical factors, especially the influence of 19th century Western European legal formalism, subsequently strengthened and preserved during the period of Actually Existing Socialism. In contrast, the style of the European Court of Justice is described as more pragmatic, and in particular open to the idea of precedent. It is argued that the exposure of Polish judiciary to European law will help to move the judicial discourse from formalism and dogmatism towards transparency and realism. The paper also notes the frequent use of Latin maxims in Polish case-law and treats it as a characteristic feature of Polish legal culture.

15 citations


Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20222
202130
202037
201953
201839
201755