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Can a specific performance contract solve the hold-up problem?
[Un contrat à obligation d’exécution peut-il résoudre le problème du hold-up ?]

Author

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  • M’hand Fares

    (AGIR - AGroécologie, Innovations, teRritoires - INRA - Institut National de la Recherche Agronomique - Toulouse INP - Institut National Polytechnique (Toulouse) - UT - Université de Toulouse, UP1 - Université Paris 1 Panthéon-Sorbonne)

Abstract

This paper aims to define the conditions under which a specific performance contract can solve the hold-up problem. We mainly show two results. First, in a very general environment the efficient solution is achieved only with renegotiation design. Second, in a specific environment where the valuation functions satisfy a separability condition, the efficient solution is implemented only because there is an equivalence result between this condition and a state independence assumption. This implies that a specific performance contrat is unecessary since a voluntary contract is also able to achieve efficiency.

Suggested Citation

  • M’hand Fares, 2011. "Can a specific performance contract solve the hold-up problem? [Un contrat à obligation d’exécution peut-il résoudre le problème du hold-up ?]," Post-Print hal-02647357, HAL.
  • Handle: RePEc:hal:journl:hal-02647357
    DOI: 10.3917/reco.623.0545
    Note: View the original document on HAL open archive server: https://hal.inrae.fr/hal-02647357
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    References listed on IDEAS

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    1. Aghion, Philippe & Dewatripont, Mathias & Rey, Patrick, 1994. "Renegotiation Design with Unverifiable Information," Econometrica, Econometric Society, vol. 62(2), pages 257-282, March.
    2. Pierpaolo Battigalli & Giovanni Maggi, 2002. "Rigidity, Discretion, and the Costs of Writing Contracts," American Economic Review, American Economic Association, vol. 92(4), pages 798-817, September.
    3. Andrew Postlewaite, 2007. "Courts of Law and Unforeseen Contingencies," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(3), pages 662-684, October.
    4. Luca Anderlini & Leonardo Felli, 1994. "Incomplete Written Contracts: Undescribable States of Nature," The Quarterly Journal of Economics, Oxford University Press, vol. 109(4), pages 1085-1124.
    5. Nabil I. Al-Najjar & Luca Anderlini & Leonardo Felli, 2006. "Undescribable Events," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 73(4), pages 849-868.
    6. repec:ebl:ecbull:v:28:y:2007:i:35:p:a0 is not listed on IDEAS
    7. Grossman, Sanford J & Hart, Oliver D, 1986. "The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 691-719, August.
    8. Hart, Oliver D & Moore, John, 1988. "Incomplete Contracts and Renegotiation," Econometrica, Econometric Society, vol. 56(4), pages 755-785, July.
    9. Georg Noldeke & Klaus M. Schmidt, 1995. "Option Contracts and Renegotiation: A Solution to the Hold-Up Problem," RAND Journal of Economics, The RAND Corporation, vol. 26(2), pages 163-179, Summer.
    10. Lando, Henrik & Rose, Caspar, 2004. "On the enforcement of specific performance in Civil Law countries," International Review of Law and Economics, Elsevier, vol. 24(4), pages 473-487, December.
    11. Klein, Benjamin & Crawford, Robert G & Alchian, Armen A, 1978. "Vertical Integration, Appropriable Rents, and the Competitive Contracting Process," Journal of Law and Economics, University of Chicago Press, vol. 21(2), pages 297-326, October.
    12. Wagener, Andreas, 2006. "Chebyshev's Algebraic Inequality and comparative statics under uncertainty," Mathematical Social Sciences, Elsevier, vol. 52(2), pages 217-221, September.
    13. Andrew Wait & Andrew Wait, 2007. "Workshop on Organization Economics: Theory and Evidence," Economics Bulletin, AccessEcon, vol. 28(35), pages 1.
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