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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Organizational Contract: From Exchange to Long-Term Network Cooperation in European Contract Law

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Edited by: Stefan Grundmann, Fabrizio Cafaggi, Giuseppe Vettori

ISBN13: 9781472421241
Published: December 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features.

Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

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Contract Law
Part I Overview: The contractual basis of long-term organisation - the overall architecture, Fabrizio Cafaggi, Stefan Grundmann and Giuseppe Vettori.

Part II The Stucture of Long-Term Contractual Cooperation: Dissecting long-term contracts - a law and economics approach, Mireia Artigot I Golobardes and Fernando Gomez Pomar
Contractual networks, contract design, and contract interpretation: the cas of credit cards, Clayton P. Gillette and Robert E. Scott
The lion, the fox and the workplace: fundamental rights and the politics of long-term contractual relationships, Chantal Mak.

Part III Network of Contracts: 'And if I by Beelzebub cast out devils...': an essay on the diabolics of network failure, Gunther Teubner
Contracts with network effects - for competitors, for consumers, for commerce?, Roger Brownsword
Networks of contracts and competition law, Michael Martinek.

Part IV Knowledge Exchange in Long-Term Contractual Cooperation: Good faith related disclosure duties and a view on franchising, Massimo Bianca
Trade secrets vs skill and knowledge, Aurea Sunol
Long-term relationships: The role of remedies in the relational theory of contract - a preliminary inquiry, Yehuda Adar and Moshe Gelbard
Contract governance within corporate governance - a lesson from the global financial crisis, Florian Moslein.

Part VI Towards Legislation?: The nemesis of European Private law: contractual nexus as a legislative conundrum, Marc Amstutz
Towards a legal framework for transnational European networks?, Fabrizio Cafaggi and Stefan Grundmann