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Law and Inflation /
Inflation is an economic phenomenon that has profound implications for lawyers and jurists, because the great bulk of our laws and legal doctrines have been formulated on the assumption that the value of money remains relatively stable. Inasmuch as such an assumption is no longer tenable in much of...
| Autor principal: | |
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| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Philadelphia :
University of Pennsylvania Press,
1982.
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| Colección: | Book collections on Project MUSE.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Contents; Acknowledgments; Tables and Figures; Table of Cases; Table of Statutes and Decrees; International Treaties and Conventions; Abbreviations of Non-English Periodicals and Reporters; Preface; 1. Inflation's Causes and Cures; A Brief Historical Perspective; Causes of Inflation; Remedies for Inflation; The Likelihood of Chronic Inflation; Conclusions; Notes; 2. The Measurement of Inflation; The Price Indexes; Limitations of Existing Price Indexes; Conclusions; Notes; 3. The Value of Money for Legal Purposes; The Development of Coinage; The Doctrine of Metallism.
- The Ascendancy of NominalismThe Development of Paper Money; From Legal Tender to Inconvertible Paper Currency; The Rise of the Gold Standard; The Demise of the Gold Standard; The Creation of the International Monetary Fund; The IMF in Transition; The Emergence of Valorism; Conclusions; Notes; 4. Statutory and Judicial Revision of Inflation-Distorted Contracts; Legislative Revalorization; Summary; Judicial Relief from Inflation-Distorted Contracts; Civil Law Frustration Doctrines; Judicial Revalorization of Contracts in Post-World War I Germany; Summary; Laesio Enormis or Lesion.
- Relief Under Anglo-American LawConclusions; Notes; 5. Protecting Contracts from Inflation; The Shunning of Fixed-Priced Contracts; ""Guesstimating"" the Inflation Rate; Stabilization Clauses; Conclusions; Notes; 6. Long-Term Credit Transactions, Insurance, Pensions, and Annuities; Inflation and the Credit Market; Maintenance-of-Value Provisions in Long-Term Bonds; Linkage of Loans and Bank Deposits; Variable Rate Mortgages; Alternative Mortgage Financing Techniques; Inflation's Effect on Insurance; Adjusting Pensions and Annuities to Inflation.
- Difficulties Associated with Indexing Credit Transactions, Insurance, and PensionsConclusions; Notes; 7. Monetary Compensation and Inflation; Tort Damage Awards; Contract Damages; Bankruptcy Debts; Eminent Domain Awards; Summary; Damage Limitation Provisions; Conclusions; Notes; 8. Value Maintenance in the International Sphere; Gold Clauses; Gold Clause Limitations in International Conventions; Multiple Currency Clauses; The European Unit of Account; Currency Cocktails; Other Forms of Value Maintenance; Conversion of Foreign Currencies; Conclusions; Notes; 9. Income Taxation and Inflation.
- Inflation-Induced Distortions of Business IncomeInflation-Induced Distortions of Personal Income; The Effects of Inflationary Distortions; Inflation Adjustment Techniques; Capital Gains; Summary; Technical Problems of Inflation Adjustments; Conclusions; Notes; 10. Indexation: Inflationary Anesthesia or Adrenaline?; Theoretical Implications of a Perfectly Indexed Economy; Comprehensive Indexation-The Experiences of Brazil, Finland, and Israel; Summary; Implications of the Brazilian, Finnish, and Israeli Experiences for the Developed Nations; Should Developed Countries Index?