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.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-1-84113-945-6 (9781841139456)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Marc Amstutz is Professor of Commercial and Legal Theory, University of Fribourg, Switzerland. Gunther Teubner is Professor of Law and Principal Investigator at the Cluster of Excellence: Formation of Normative Orders, Goethe University Frankfurt am Main and Distinguished Professor at the International University College, Torino.
Herausgeber*in
Goethe University, Germany
I. THE EMERGENCE OF NETWORKS IN THE LAW 1. Coincidentia Oppositorum: Hybrid Networks Beyond Contract and Organisation Gunther Teubner 2. Network Contracts Revisited Roger Brownsword 3. The Return of the Guild? Network Relations in Historical Perspective Simon Deakin 4. Post-Hegelian Networks: Comments on the Chapter by Simon Deakin Poul Kjaer 5. The Path to the Law - The Difficult Legal Access of Networks Jean Nicolas Druey II. INTERNAL NETWORK RELATIONS: GENERALISED RECIPROCITY 6. The Status of Multilateral Synallagmas in the Law of Connected Contracts Peter W Heermann 7. Third Party Effects of Bilateral Contracts Within the Network Marina Wellenhofer 8. Internal Relations and Semi-spontaneous Order: The Case of Franchising and Construction Contracts Cordula Heldt 9. Asset-sharing in Franchise Networks: The Obligation to Pass on Network Benefits Reinhard Bohner III. EXTERNAL NETWORK RELATIONS: STATE REGULATION AND SELF-REGULATION 10. The Weakest Link: Legal Implications of the Network Architecture of Supply Chains Hugh Collins 11. The Weakest Link: Legal Aspects of Network Architecture of Supply Chains: Comment on the Chapter by Hugh Collins Stefanos Mouzas 12. The Protection of Contractual Networks Against Interference by Third Parties Manfred Wolf 13. Fitness Clubs: Consumer Protection between Contract and Association Gralf-Peter Calliess 14. Regulation of Hybrid Networks at the Intersection between Governmental Administration and Economic Self-Organisation Andreas Abegg 15. Mixed Public-Private Networks as Vehicles for Regulatory Policy: Comments on the Chapter by Andreas Abegg Terence Daintith 16. The Constitution of Contractual Networks Marc Amstutz
