A Legal Framework for Emerging Business Models
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A Legal Framework for Emerging Business Models

Dynamic Networks as Collaborative Contracts

9781781004654 Edward Elgar Publishing
Emily M. Weitzenboeck, Postdoctoral Scholar, Norwegian Research Center for Computers & Law, University of Oslo, Norway
Publication Date: 2012 ISBN: 978 1 78100 465 4 Extent: 392 pp
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.

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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.
Contents
Contents: Preface 1. Introduction 2. Case Studies 3. The Precontractual Stage 4. Post Formation of a Virtual Enterprise: Contractual Issues 5. Internal Relationship between the Parties During Performance: Good Faith as a Behavioural Criterion 6. Partnership Law Issues 7. Contractual Networks 8. Conclusion Bibliography Index
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