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‘Discrete’ and ‘Relational’ Approaches in Implied Contractual Relationships
| Content Provider | Scilit |
|---|---|
| Author | Fondrieschi, Alba F. |
| Copyright Year | 2019 |
| Abstract | In the commercial field, the practice of doing business through a series of fixed-term contracts that are renewed from time to time between the same parties, but not expressed in any framework contract, is a fairly frequent phenomenon – usually known as ‘implied contractual relationships’ or ‘implicit contracts’ – which, however, does not seem to be always recognised in the courtrooms of many legal systems. It is usually believed that a ‘discrete’ approach to the contract – to recall Macneil’s famous distinction between discrete and relational contracts – can more easily result in the non-recognition of the legal value of implicit contractual relationships, while a ‘relational’ perspective would allow to look more closely at the economic transaction as a whole, thus leading to the acknowledgment of implicit contracts. In this paper I will try to examine the same issue from the discrete perspective (with reference to the English system), the relational perspective (with reference to the Japanese legal system) and a third perspective taken by the Italian system, in order to show the actual differences between the relational and discrete approaches to the contract and what remedies are most effective. |
| Related Links | http://www.degruyter.com/downloadpdf/j/ercl.2019.15.issue-4/ercl-2019-0023/ercl-2019-0023.xml |
| Ending Page | 445 |
| Page Count | 25 |
| Starting Page | 421 |
| ISSN | 16149920 |
| e-ISSN | 16149939 |
| DOI | 10.1515/ercl-2019-0023 |
| Journal | European Review of contract Law |
| Issue Number | 4 |
| Volume Number | 15 |
| Language | English |
| Publisher | Walter de Gruyter GmbH |
| Publisher Date | 2019-11-08 |
| Access Restriction | Open |
| Subject Keyword | European Review of Contract Law Applied Ethics Implicit Discrete Perspective Legal Contractual Relationships Implied Contractual Contract  Journal: European Review of contract Law, Vol- 15 |
| Content Type | Text |
| Resource Type | Article |
| Subject | Law |
