Networks

Legal Issues of Multilateral Co-operation
Erscheinungsjahr 2009
ISBN: 978-1-84113-945-6
Verlag: Hart Publishing

Buch, Englisch, 329 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 0 g

Reihe: International Studies in the Theory of Private Law

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.

Autoren/Hrsg.

Amstutz, Marc

Teubner, Gunther

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

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 Böhner

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

Über Autor(innen)

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.