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Author Teubner, Gunther
Title Netzwerk als Vertragsverbund. English
Networks as connected contracts / Gunther Teubner ; (translated by Michelle Everson) ; edited with an introduction by Hugh Collins
Imprint Oxford [England] ; Portland, OR : Hart Pub., 2011
book jacket
 人文社會聯圖  KK6964 .T4813 2011    AVAILABLE    30610020369609
 Euro-Am Studies Lib  346.02 T295 2011    AVAILABLE  -  30500101528282
Descript xi, 301 pages ; 24 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Series International studies in the theory of private law ; v. 7
International studies in the theory of private law ; v. 7
Note Includes bibliographical references (pages 269-292) and index
Introduction to Networks as connected contracts / by Hugh Collins -- Introduction: The aims of legal analysis of networks -- The network revolution : new risks, unsolved legal issues -- Socio-economic analyses and legal characterisation -- Networks as connected contracts -- The effect of networks on bilateral contracts -- Piercing liability within the network : the special relationship between members of the network who are not contractual partners -- External liability of networks : expanding the range of responsibility
"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"--Provided by publisher
Subject Computer networks -- Law and legislation -- Germany
Liability (Law) -- Germany
Alt Author Collins, Hugh, 1953-
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