克服合同不完备性:指导原则的作用

Overcoming contractual incompleteness: the role of guiding principles

Journal of Law, Economics, and Organization · 2023
被引 40 · 同刊同年前 3%
ABS 3

中文导读

提出将公平、诚信等社会规范以指导原则形式写入正式合同,以克服合同不完备性、减少机会主义行为,并通过模型和案例验证其有效性。

Abstract

Abstract Transactions of any complexity between buyers and sellers are supported by long-term contracts and these contracts are inevitably incomplete. We propose an approach for overcoming contractual incompleteness based on the idea that most people are inclined to follow widely accepted social norms, such as being fair-minded and acting with integrity. We suggest that this tendency can be reinforced if these social norms are incorporated into a formal contract in the form of guiding principles. We develop a model in which guiding principles reduce shading behavior and discuss cases where the approach has been successfully applied in practice.

合同理论法与经济学微观经济学制度经济学