非洲制造业中的合同灵活性与争议解决

Contract flexibility and dispute resolution in African manufacturing

Journal of Development Studies · 2000
被引 142
人大 A-ABS 3

中文导读

基于六个非洲国家的企业调查数据,研究发现制造商普遍采用灵活合同和关系型交易,通过谈判解决违约,仅大企业在谈判失败后诉诸法律;法律机构完善反而导致更多违约和诉讼,因为企业更敢于冒险。

Abstract

This article examines the contractual practices of African manufacturing firms using survey data collected in Burundi, Cameroon, Côte d'lvoire, Kenya, Zambia, and Zimbabwe. Descriptive statistics and econometric results are presented. They show that contractual flexibility is pervasive and that relational contracting is the norm between manufacturers, their suppliers, and their clients. The existence of long‐term relations between firms helps them deal with contract non‐performance through negotiation. Confrontational methods such as lawyers and courts are used only by large firms and when negotiations fail. Whenever confrontation can be avoided, business is resumed. Of the six studied countries, incidence of breach and the use of lawyers and courts are highest in Zimbabwe which is also the country with legal institutions that best support business. Our favoured interpretation is that good legal institutions incite firms to take more chances, thereby encouraging trade and leading to more cases of breach and more recourse to courts and lawyers. A high frequency of contract non‐compliance should thus not be interpreted as a sign of imperfect legal institutions.

契约灵活性关系契约争议解决非洲制造业