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Networks of Collaborative Contracts for Innovation (eBook)

Pablo Marcello Baquero

ISBN13: 9781509929979
Published: September 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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Also available as
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9781509929962
£110.00

With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will need to ensure that they pursue 'open innovation'.

This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. On the one hand, it examines empirical studies analysing how these agreements are structured in order to overcome the inherent uncertainty of innovative activity. On the other hand it develops the legal doctrine governing contracts to innovate, in particular the notion of duty of loyalty to the contractual network, providing suggestions on how to concretise it in different situations.

Subjects:
Contract Law, eBooks
Contents:
Introduction
I. Inter-firm Collaborative Innovation: The Practices, Contractual Models and Legal Challenges
A. Inter-firm Collaboration in the Global Productive Vanguards: Challenges for Legal Studies
B. Models of Inter-firm Cooperation: Modular, Relational and Co-creation
C. Rethinking Contracting Practices and Private Law for Collaborative Co-creation
D. Experimentalism in Contractual Practices
II. The Rise of Collaborative Contractual Networks for the Production of Innovation: Challenges and Opportunities
A. The Social Problem: De-verticalisation of Productive Activities in the New Economy
B. Economic Importance: Overcoming the Stagnation of Productivity Growth and Bridging the Gap between
Developed and Developing Economies
III. What Role for the Law in Collaborative Contractual Networks?
A. The Context: The Challenges for Contractual Networks in an Economic and Sociological Perspective
B. What Role for the Law?
IV. The Plan of the Book
1. Contractual Networks to Innovate: The Search for a Legal Concept
I. The Business Reality: Contractual Networks Versus the Traditional Legal Concepts
A. The Phenomena of Contractual Networks: Neither Contract nor Corporation
B. Between or 'Beyond' Contract and Corporation: Other Possible Legal Classifications
II. Building a Concept of Contractual Networks Adapted to the Distinctive Character of Productive Networks
A. Main Features of Productive Networks: Designing a Concept of Contractual Networks
B. Legal Constructs Proposed to Govern Contractual Networks: Considering the Reality of Productive Networks
III. Conclusion: The Working Concept of Contractual Networks for Innovation
2. The Internal Coordination of the Collaborative Contractual Network through Governance of Contract
I. Re-Interpreting Contractual Networks' Internal Challenges for Innovation Practices
II. Governance Mechanisms in Contractual Networks for Innovation
A. Limitations of Traditional Contract Design
B. The Governance of Inter-fi rm Innovation
III. Evidence from Collaborative Contractual Networks for Innovation in Brazil
A. Background to the Empirical Field and Methodology
B. First Stage of Interviews
C. Second Stage of Interviews
IV. Inter-firm Innovation in England
A. Evidence from Legal Studies
B. Collaborative Arrangements in Construction in the UK: Standard Agreements and Megaprojects
V. Conclusion
3. Managing the Internal Coordination of the Network: The Role of the Legal Doctrine and the Duty of Loyalty to the Network
I. The Legal Doctrine Regarding Contractual Networks: A Comparative Perspective
A. US Braiding Theory – 'Low-powered Enforcement' and Critique
B. European Private Law
C. Brazilian Law
D. The Possibility of Low-Powered Enforcement under English and Brazilian Law
E. The Legal Concept of Relational Contract in English Law
II. Duties of the Members of the Network: The Proposal of a Duty of Loyalty or Sincere Cooperation towards the Network
A. The Proposal and the Justification of a Duty of Loyalty or Sincere Cooperation towards the Network
B. Other Distinct Concepts in Comparative Private Law
C. A Duty of Loyalty to the Common Objective of the Collaborative Project
III. Conclusion: Finding a Duty of Loyalty to the Network/Collaborative Project under English and Brazilian Law
4. Legal Interpretation in Contracts to Innovate: Potential Matters of Dispute
I. Duty to Share Information
A. Prelude: Constant Exchange of Information and Heightened Duties of Cooperation in Collaborative
Networks
B. Case Law
C. English Law
D. Duty to Provide Information under Brazilian Law
E. Identifying Criteria to Assess the Potential Intensification of Duties to Disclose Information under English and
Brazilian Law
F. Braiding Responses to Allocation of Information through Governance Mechanisms
II. Duty of Non-Discrimination in the Collaborative Contractual Network
A. Prelude: Similar Opportunities for Competing Companies in Quasi-organisational Collaborative Ventures?
B. Integrated Distribution Networks with Collaborative Duties and Sharing of Risks and Profits
C. English Law
D. Brazilian Law
E. Criteria to Identify an Unjustifiable Discrimination in the Network
F. Governance to Prevent Abusive Discrimination
III. Sharing of Profits
A. Introduction
B. Case Law
C. English Law
D. Brazilian Law
E. The Sharing of Profits: What Role for the Courts
F. Governance Mechanisms: Profit-sharing Agreements, Relational Incentives, Target Costing and Open-Book
Management
IV. Termination: Potential Design and 'Fundamental Breach'
A. Prelude: Distinctiveness of Termination in Collaborative Contractual Networks
B. Contractual Termination and Material Breach in Experimental Innovative Relationships
C. English Law
D. Brazilian Law
E. Criteria of Interpretation and Governance
V. Conclusions
5. Conclusion
I. The Reverberations of Varieties of Capitalism on Inter-firm Innovation
II. The Relevance of a Comparative Perspective
III. The Role of Legal Studies: Institutional Imagination of Potential Forms of Contractual Collaboration

Series: International Studies in the Theory of Private Law

Cover of Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus
Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus
Ernesto Vargas Weil
ISBN 9781509981960
Published January 2027
Hart Publishing
Price on Application
Cover of Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus
Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus
Ernesto Vargas Weil
ISBN 9781509981922
Published August 2025
Hart Publishing
£90.00
Cover of Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus (eBook)
Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus (eBook)
Ernesto Vargas Weil
ISBN 9781509981939
Published August 2025
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Conflict and Transformation: Essays on European Law and Policy
Conflict and Transformation: Essays on European Law and Policy
Christian Joerges
ISBN 9781509960019
Published April 2024
Hart Publishing
£54.99
Cover of Conflict and Transformation: Essays on European Law and Policy
Conflict and Transformation: Essays on European Law and Policy
Christian Joerges
ISBN 9781509926954
Published October 2022
Hart Publishing
£120.00
Cover of Conflict and Transformation: Essays on European Law and Policy (eBook)
Conflict and Transformation: Essays on European Law and Policy (eBook)
Christian Joerges
ISBN 9781509926961
Published October 2022
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Networks of Collaborative Contracts for Innovation
Networks of Collaborative Contracts for Innovation
Pablo Marcello Baquero
ISBN 9781509929962
Published September 2020
Hart Publishing
£110.00
Cover of Wrongful Enrichment: A Study in Comparative Law and Culture
Wrongful Enrichment: A Study in Comparative Law and Culture
Nahel Asfour
ISBN 9781509935154
Published January 2020
Hart Publishing
£35.99
Cover of Enforcing Corporate Social Responsibility Codes: On Global Self-Regulation and National Private Law
Enforcing Corporate Social Responsibility Codes: On Global Self-Regulation and National Private Law
Anna Beckers
ISBN 9781509920075
Published January 2018
Hart Publishing
£54.99
Cover of Wrongful Enrichment: A Study in Comparative Law and Culture (eBook)
Wrongful Enrichment: A Study in Comparative Law and Culture (eBook)
Nahel Asfour
ISBN 9781782257066
Published September 2017
Hart Publishing
Out of print

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Cover of Wrongful Enrichment: A Study in Comparative Law and Culture
Wrongful Enrichment: A Study in Comparative Law and Culture
Nahel Asfour
ISBN 9781782257059
Published September 2017
Hart Publishing
£90.00
Cover of Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade
Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade
Thomas Dietz
ISBN 9781509907434
Published August 2016
Hart Publishing
£32.99
Cover of Enforcing Corporate Social Responsibility Codes: On Global Self-Regulation and National Private Law
Enforcing Corporate Social Responsibility Codes: On Global Self-Regulation and National Private Law
Anna Beckers
ISBN 9781849468992
Published October 2015
Hart Publishing
£130.00
Cover of Enforcing Corporate Social Responsibility Codes: On Global Self-Regulation and National Private Law (eBook)
Enforcing Corporate Social Responsibility Codes: On Global Self-Regulation and National Private Law (eBook)
Anna Beckers
ISBN 9781849469005
Published October 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade (eBook)
Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade (eBook)
Thomas Dietz
ISBN 9781782253921
Published May 2014
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade
Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade
Thomas Dietz
ISBN 9781849465403
Published May 2014
Hart Publishing
£90.00
Cover of Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical (eBook)
Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical (eBook)
Edited by: Jean Braucher, John Kidwell, William C. Whitford
ISBN 9781782250616
Published January 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical
Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical
Edited by: Jean Braucher, John Kidwell, William C. Whitford
ISBN 9781849463010
Published January 2013
Hart Publishing
£100.00
Cover of The Financial Crisis: A Constitutional Perspective: The Dark Side of Functional Differentiation (eBook)
The Financial Crisis: A Constitutional Perspective: The Dark Side of Functional Differentiation (eBook)
Poul F Kjaer, Gunther Teubner, Alberto Febbrajo
ISBN 9781847318220
Published July 2011
Hart Publishing
Out of print

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Cover of The Financial Crisis: A Constitutional Perspective: The Dark Side of Functional Differentiation
The Financial Crisis: A Constitutional Perspective: The Dark Side of Functional Differentiation
Poul F Kjaer, Gunther Teubner, Alberto Febbrajo
ISBN 9781841130101
Published July 2011
Hart Publishing
£110.00
Cover of Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets
Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets
Edited by: Christian Joerges, Jose Falke
ISBN 9781849461191
Published June 2011
Hart Publishing
£110.00
Cover of Networks as Connected Contracts: Edited with an Introduction by Hugh Collins
Networks as Connected Contracts: Edited with an Introduction by Hugh Collins
Gunther Teubner
ISBN 9781849461740
Published May 2011
Hart Publishing
£100.00
Cover of Networks as Connected Contracts: Edited with an Introduction by Hugh Collins (eBook)
Networks as Connected Contracts: Edited with an Introduction by Hugh Collins (eBook)
Gunther Teubner
ISBN 9781847317759
Published May 2011
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Networks: Legal Issues of Multilateral Co-operation
Networks: Legal Issues of Multilateral Co-operation
Edited by: Marc Amstutz, Gunther Teubner
ISBN 9781841139456
Published May 2009
Hart Publishing
£140.00
Cover of Networks: Legal Issues of Multilateral Co-operation (eBook)
Networks: Legal Issues of Multilateral Co-operation (eBook)
Edited by: Marc Amstutz, Gunther Teubner
ISBN 9781847317247
Published May 2009
Hart Publishing
Out of print

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Cover of Comparative Remedies for Breach of Contract
Comparative Remedies for Breach of Contract
Nili Cohen, Ewan McKendrick
ISBN 9781841134536
Published February 2005
Hart Publishing
£110.00
Cover of Comparative Remedies for Breach of Contract (eBook)
Comparative Remedies for Breach of Contract (eBook)
Nili Cohen, Ewan McKendrick
ISBN 9781847316929
Published February 2005
Hart Publishing
Out of print

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Cover of The Constitution of Private Governance: Product Standards in the Regulation of Integrating Markets
The Constitution of Private Governance: Product Standards in the Regulation of Integrating Markets
Harm Schepel
ISBN 9781841134871
Published February 2005
Hart Publishing
£130.00
Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict
Oren PerezLecturer in Law, Bar-Ilan University, Israel
ISBN 9781841133485
Published June 2004
Hart Publishing
£100.00
Cover of Transnational Governance and Constitutionalism
Transnational Governance and Constitutionalism
Edited by: Christian Joerges, Inger-Johanne Sand, Gunther Teubner
ISBN 9781841134352
Published June 2004
Hart Publishing
£140.00
Cover of Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts
Implicit Dimensions of Contract: Discrete, Relational, and Network Contracts
David Campbell, Hugh Collins, John Wightman
ISBN 9781841133492
Published July 2003
Hart Publishing
£90.00