Networks as Connected Contracts: Edited with an Introduction by Hugh Collins: International Studies in the Theory of Private Law
Autor Gunther Teubner Traducere de Michelle Eversonen Limba Engleză Hardback – 26 mai 2011
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Specificații
ISBN-13: 9781849461740
ISBN-10: 1849461740
Pagini: 314
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.64 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria International Studies in the Theory of Private Law
Locul publicării:London, United Kingdom
ISBN-10: 1849461740
Pagini: 314
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.64 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria International Studies in the Theory of Private Law
Locul publicării:London, United Kingdom
Caracteristici
A translation of Gunther Teubner's classic work on networks.Includes an introduction by Hugh Collins which explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. Will be of interest to scholars interested in contracts, comparative law, legal theory, and commercial law.
Notă biografică
Hugh Collins is Professor of English Law at the London School of Economics. 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.
Cuprins
Introduction to Networks as Connected Contracts by Hugh Collins1 Between Market and Organisation 2 The Inadequacy of Legal Conceptions of Networks 3 Sociological Jurisprudence 4 The Distinctive Properties of Networks 5 The Challenge of Comparative Sociological Jurisprudence 6 The Concept of Connected Contracts 7 Network Effects on Interpretation of Bilateral Contracts 8 Internal Network Liability 9 External Network Liability 10 Conclusion Introduction: The Aims of Legal Analysis of Networks Chapter 1The Network Revolution: New Risks - Unsolved Legal Issues I. Two 'Irritating' Legal CasesII. Appropriate Doctrinal Responses?III. Legally Relevant NetworksIV. The New Economic Relevance of Pre-modern NetworksV. Forms of Network and their Regulatory ProblemsVI. Specific Risks of Networks Chapter 2Socio-economic Analyses and Legal Characterisation I. Market Regime: Networks as Contracts? II. Organisational Regime: Networks as Business Associations? III. Hybrid Regimes: Networks as Institutionalised Contradictions? IV. Communitarian Regime: Networks as 'Communities'? V. Mixed Regime: Networks as a Type of Mixed Contract? VI. Polycorporate Regime: Networks as Corporate Groups? VII. Idiosyncratic Regime: 'Network Contract' as a New Legal Concept? Chapter 3Networks as Connected Contracts I. Generalisation of Connected Contracts and their Re-specification for Networks II. Structural and Functional Equivalances III. A Productive 'Unsustainable' Contradiction IV. The Legal Construct of Reality: the Dual Constitution as Contract and Association V. Legal Consequences: Selective Attribution to Contractual Partners and to the Network VI. Legal Problems of Institutionalised Networking Chapter 4The Effects of Networks on Bilateral Contracts I. Differentiated Discounts II. Structural Contradiction: Bilateral Exchange versus Multilateral Connectivity III. The Purpose of the Network as the Yardstick for Duties of Loyalty IV. Selected Duties of Loyalty toward the Network V. Profit Sharing? VI. Risk Distribution? Network Purpose and the Judicial Review of Standard Form Contracts Chapter 5Piercing Liability Within the Network: The Special Relationship between Members of the Network who Are Not Contractual Partners I. Free Riding in the Network II. Structural Contradiction: Competition versus Co-operation III. Piercing Within the Network? IV. Piercing Liability within Parallel Contracts V. Extra-Contractual Duties of Loyalty VI. Protective Obligations, Performance Obligations, Promotion Obligations VII. Analogies to Company Law: Derivative Action within the Contractual Network? VIII. Hierarchical Multilateral Network Chapter 6External Liability of Networks: Expanding the Range of Responsibility I. Franchising in Services: 'Organised Irresponsibility' II. Structural Contradiction: Unitas Multiplex III. External Liability of Networks IV. Decentralised Network Liability V. Selected Constellations of Liability
Recenzii
This is an interesting book. It is at once a good introduction to the German law of contracts and torts; a study of sociological jurisprudence; and a thought-provoking exploration of modern commercial relations... A huge benefit in the book is the excellent introduction by Hugh Collins.The extensive bibliography Teubner presents is testament to his extraordinary learning. For a scholar seeking to explore the wilder shores of contractual relations, this book would be an excellent place to start.
For anyone wanting to get to grips with contractual networks, this impressive book is essential reading.
...highly recommended to those who might be interested in the law of obligations, with a specific emphasis on the law of business organisations.
For anyone wanting to get to grips with contractual networks, this impressive book is essential reading.
...highly recommended to those who might be interested in the law of obligations, with a specific emphasis on the law of business organisations.
Descriere
This translation of Teubner's work sets out his concept of 'connected contracts' and explains how it addresses the problems posed by networks.