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Social structures of contracts - a case study of the Vietnamese market

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Title:
Social structures of contracts - a case study of the Vietnamese market
Author: Nguyen, Quan Hien
Subjects: Asian markets ; business administration in Vietnam ; business dispute resolution in Vietnam ; business dispute settlement in Asia ; business interviews in Vietnam ; business law in Vietnam ; business management in Vietnam ; business opportunities Vietnam ; business regulation in Vietnam ; business relationships in Asia ; Chinese business in Vietnam ; Chinese Vietnamese ; commercial dispute resolution in Vietnam ; commercial law in Asia ; commercial law reform ; commercial law reform in Asia ; commercial law reform in Vietnam ; conflict resolution in Vietnam ; Confucian moral norms ; contract law ; contract law in action ; contract law reform in Vietnam ; contract management ; contract management in Vietnam ; contracting in Vietnam ; contractual relationships ; dispute resolution in Vietnam ; doing business in Vietnam ; ethnic-based trade in Vietnam ; freedom of contract in Vietnam ; game theory models of contracting ; government contracts in Vietnam ; insight business in Vietnam ; institutional development in Vietnam ; institutional law and economics ; institutional reform in Vietnam ; interviews of Vietnamese merchants ; investment in Asia ; investment in Vietnam ; law and Confucianism ; law and development ; law and economics in Vietnam ; law and game theory ; law reform ; legal anthropology ; legal development in Vietnam ; legal history in Vietnam ; legal transplant in Vietnam ; market in Vietnam ; merchants' law in Vietnam ; outsourcing in Vietnam ; relational contract theory ; social networks in Vietnam ; social norms ; trading relationships in Asia ; traditional social structures in Vietnam ; transaction cost model of contracting ; transitional economy ; Vietnam ; Vietnam business ; Vietnamese commercial law ; Vietnamese court system ; Vietnamese economy ; Vietnamese law ; Vietnamese legal system ; Vietnamese market
Description: What makes real life contractual arrangements? How does the law influence real life contractual arrangements? These are everyday questions for businesspeople and commercial lawyers. The traditional ‘imperative’ view of law assumes that business people contract ‘in the shadow of the law’ and contractual arrangements conform to what the law says. But empirical studies on contract practice suggest that contract law may, in fact, play a very insignificant role in real life contractual arrangements. This thesis provides a sociological view of the role of contract law in real life contractual arrangements in the context of the Vietnamese market. Specifically, this thesis applies an institutional law & economics approach to investigate how social structures of the market influence contractual arrangements to marginalize contract law in the Vietnamese market. Drawing on two surveys of contract behaviour in the Vietnamese market, this thesis finds that real life contractual arrangements respond to the institutional structure of the market as a whole, rather than only ‘the shadow of the law’. Institutional changes in the Vietnamese market suggest that there exists a merchant law system, constituted of traditional moral norms and social structures in the market. This merchant law system continues to order contractual arrangements in the market, despite the introduction of a transplanted contract law system. Disagreeing with the imperative approach, this thesis claims that contract law reform should conform to the institutional structure of the market to reduce transaction costs of contracting and to provide an effective framework for real life contractual arrangements. Source: TROVE
Creation Date: 2006
Language: English
Source: Trove Australian Thesis (Full Text Open Access)

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Social structures of contracts - a case study of the Vietnamese market

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