the security of contractual relation is the important aims of contract law to the extent that is discussed as one of the fundamental principles in european law. the guarantee to protect is one of the affecting rules to establishing the security of contractual relation that in the iranian civil code under the incomplete influence of islamic and french law, is based on the protection of ownership...

This study investigates contracting mechanisms in situations of opportunistic disputes between organizations. The authors specifically explore the relationships between the formal versus informal nature of opportunism and the formal versus informal nature of contractual governance. They use a unique data set of 102 buyer– supplier disputes to explore in depth different types of opportunism – th...

Advances in information and communication technologies (ICT) should assist with the coordination of “virtual enterprises” – the type of arrangement often formed to execute large-scale engineering and construction projects. However, a range of legal issues is emerging which threaten to reduce the benefits available from such technologies, in particular, the lack of a solid contractual basis to g...

Issues characterizing cloud computing such as security, interoperability, and vendor lock-in are likely to act as inhibitors of the widespread adoption of cloud computing in organizations. These issues call for relational and contractual mechanisms to articulate the desired outcomes of service provisioning and acceptable behavior of service recipients and providers. In this paper we focus on th...

This paper focuses on ex post governance of inter-firm transactions. We develop and test hypotheses on the occurrence of ex post problems like delivery delays, inferior quality, and insufficient service in buyer–supplier transactions. Our hypotheses address effects of transaction characteristics, of social embeddedness, and of contractual governance on the occurrence of problems. Other than ear...

Issues characterizing cloud computing such as security, interoperability, and vendor lock-in are likely to act as inhibitors of the widespread adoption of cloud computing in organizations. These issues call for relational and contractual mechanisms to articulate the desired outcomes of service provisioning and acceptable behavior of service recipients and providers. In this paper we focus on th...

In numerous economic scenarios, contracting parties may not have a clear picture of all the relevant aspects. While confronted with these unawareness issues, the strategic decisions of the contracting parties critically depend on their sophistication. A contracting party may be unaware of what she is entitled to determine. Therefore, she can only infer some missing pieces via the contract offer...

This paper examines a model in which individuals contract with one another along the branches of a fixed network and then select verifiable productive actions with externally enforced transfers. Special cases of the model include most settings of contracting with externalities that have been studied in the literature. The model allows for a type of externality that the previous literature has n...