The hold-up problem in colombian contract law
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AuthorGaviria Gil, Juan Antonio
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As its title suggests, this dissertation studies the interaction between an economic issue (the hold-up problem) and a legal system (Colombian law). For this purpose, this dissertation first defines the hold-up problem and explains its causes and possible solutions. The dissertation then analyzes how U.S. and Colombian laws deal with the hold-up problem and with its main harmful effect: the reduction of idiosyncratic investments. The U.S. law is studied here not only to facilitate the comparison of a civil law country’s approach to the hold-up problem (Colombia) with the perspective of a common law country (the United States) but also to inquire whether some of the solutions to the hold-up problem under the latter legal system might be successfully transplanted to the former one. The study of these legal systems delves into the role of both contractual and legal devices that may avoid, solve, or mitigate the hold-up problem (in general, that may prevent it). The contractual devices ...
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