At the end of the 19th century, internationalisation and standardisation fundamentally changed business law. More and more industries such as insurance, transport, wholesale and finance used standard contracts and clauses for international transactions. An impressive example of this development was the reaction of the insurance industry to the earthquake and inflagration of San Francisco in 1906. At once, a global discourse on the economic, technical and legal consequences arose; in the meantime, a small group of powerful reinsurance managers developed a strict exclusionary clause intended for worldwide application. Fire insurers in many countries adopted this "earthquake clause", while others refused it. Germany, California and Italy - where the earthquake of Messina in 1908 led to a legal turn - are paradigmatic examples of these reactions. Beyond this case study, the author discusses the novel phenomenon of international standard contracts and clauses from a theoretical perspective.
From Industrial to Legal Standardization, 1871-1914
Transnational Insurance Law and the Great San Francisco Earthquake
Tilmann J. Röder, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Wim Decock, Max-Planck-Institute for Legal History, Frankfurt
In Theologians and Contract Law, Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Amnon Altman, Bar-Ilan University
This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BCE.
Nathaniel Berman, Brown University
Tracing our current preoccupation with nationalist, ethnic, and religious conflict to the “cultural Modernist” revolutions of the early twentieth century, this volume draws on cultural studies, postcolonial theory, and psychoanalysis to offer a radical reinterpretation of contemporary ...
Tetsuya Toyoda, Akita International University
Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers in the seventeenth and eighteenth centuries.
Janwillem Oosterhuis, Maastricht University
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a ...
Raymond Kubben, Tilburg University
Providing a case study of relations between France and the Netherlands throughout the Revolutionary Wars, this book offers a contribution to the debates on the relation between law and politics at the international level and on state-centrism in international relations.
Tessa G. Leesen, Catholic University of Leuven, Belgium
The 'school controversies' between the Sabinians and the Proculians continue to be the focus of debate in Roman law. The present volume attempts to determine what gave rise to these controversies by associating them with legal practice and the use of topic-related argumentation.
Edited by Jan Hallebeek & Harry Dondorp, VU University Amsterdam
This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.
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