Networks As Connected Contracts
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Networks As Connected Contracts
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Author : Gunther Teubner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-05-27
Networks As Connected Contracts written by Gunther Teubner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-27 with Law categories.
Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.
Multiparty And Linked Contracts Transport Logistics And The Uniform Transport Law
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Author : Marta K. Kołacz
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-11
Multiparty And Linked Contracts Transport Logistics And The Uniform Transport Law written by Marta K. Kołacz and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-11 with Law categories.
This book introduces legal aspects of business networks in logistics with the example of shippers’ co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to co-operation in cargo-bundling. This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but also provides legal solutions facilitating legal certainty in co-operation. It is the first comprehensive book on the legal aspects of shippers’ co-operation in logistics, particularly liability issues in multiparty contracts, network contracts, and long-term contracts in the international carriage of goods domain. It is also the first providing an interpretative framework for transport conventions considering new business models and new technologies. Proposals are made for solutions at regulatory levels but also for contracts, which are especially important because contractual solutions can facilitate shippers to enter co-operation and help transport orchestrators operating through online platforms to prepare standard terms and conditions. The comparative part of the text features three jurisdictions (Poland, Germany, and England), which offer readers an insight into how multiparty context in the carriage of goods operates at the crossroads of national laws and international transport conventions. This book is written for interested legal practitioners, policymakers, lobbying bodies, industry professionals (logistics, management of selling, and producing companies), and scholars. It will also broadly appeal to those dealing with sustainable logistics and concepts such as sharing economy in logistics.
Networks Of Collaborative Contracts For Innovation
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Author : Pablo Marcello Baquero
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-17
Networks Of Collaborative Contracts For Innovation written by Pablo Marcello Baquero and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-17 with Law categories.
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Liability Of Corporate Groups And Networks
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Author : Christian A. Witting
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Liability Of Corporate Groups And Networks written by Christian A. Witting and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Business & Economics categories.
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
European Private Law After The Common Frame Of Reference
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Author : Hans W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
European Private Law After The Common Frame Of Reference written by Hans W. Micklitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.
Networks
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Author : Marc Amstutz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-05-26
Networks written by Marc Amstutz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-26 with Law categories.
In the last 20 years interest in network phenomena has grown immensely among anthropologists, psychologists, political scientists, economists and lawyers. Empirical observation shows that network arrangements can be found in many branches of business. This is often linked to rapid changes in today's markets and technologies, but it is not the only reason. Legal institutions have been at the centre of private law since the industrial revolution but today contracts and corporations cannot cope with the risks and opportunities posed by networks. Legal practice needs solutions which go beyond the classical traditions of thinking in the dichotomy of contract and corporation. This volume is the outcome of a conference held in Fribourg, Switzerland, which focused on the legal treatment of contractual networks, in particular questions of network expectations, the fragility of network institutions, and the question of how law can minimise network specific risks towards third parties. The contributors, among them many of the world's leading scholars in this field, include Roger Brownsword, Simon Deakin, Gunther Teubner, Hugh Collins and Marc Amstutz. The book will be of interest to scholars of contract, corporate law, and legal theory.
A Legal Framework From Emerging Business Models
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Author : Emily M. Weitzenboeck
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012
A Legal Framework From Emerging Business Models written by Emily M. Weitzenboeck and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.
The last two decades have witnessed the growth of new forms of entrepreneurial cooperation such as dynamic networks like virtual enterprises and enterprise pools. These business forms are often hybrid, having elements of both contract-based organizations and corporate forms, in particular partnership. This book examines the relative utility of contract and partnership law in fostering and maintaining these emerging business models, focusing on dynamic networks. The book analyses how dynamic networks are organized and set up through, very often, collaborative contracts and how the behaviour of their member firms is regulated. Good faith and fair dealing as a behavioural criterion in contractual and partnership relations, is an important theme of this work. The background and preconditions for the emergence and growth of such business forms is also investigated. The book contains case studies of such networks from different countries in particular Germany, Austria, Switzerland, England and Norway. It examines relevant legal rules in a number of jurisdictions such as England, Norway, Germany, Italy, France and the US. This detailed book will appeal to postgraduate students and academics in the fields of contract law, comparative law, partnership law and business/commercial law. Academics in other disciplines such as economics, sociology and business management will also find much to interest them in this study.
Regulation Of Risk
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Author : Abhinayan Basu Bal
language : en
Publisher: BRILL
Release Date : 2022-12-28
Regulation Of Risk written by Abhinayan Basu Bal and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-28 with Law categories.
Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.
Commercial Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-31
Commercial Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.
The Future Of The Law Of Contract
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Author : Michael Furmston
language : en
Publisher: Taylor & Francis
Release Date : 2020-05-10
The Future Of The Law Of Contract written by Michael Furmston and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-10 with Law categories.
The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.