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17 - Between Market and Hierarchy

from Part III - Transactions and Risk: Private Law and the Market

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
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Summary

Among the most revolutionary findings of twentieth-century contract theory is that the divergence between spot contracts – discrete agreements for immediate exchanges – and the long-term, co-operative contracts now generally called relations or relational contracts may be just as great as (or even greater than) the divergence between relational contracts and organizations such as companies. Relational contracts, moreover, are often situated in larger networks, that is, multi-party arrangements. Such contracts are, in practice, generally the basis of a stable organizational arrangement. Thus, rather than a single dichotomy between the market and firm forms (see Chapter 19 and Coase’s paper of 1937 – and more generally for the firm and its embeddedness, see Chapters 20–22), hybrids and intermediate solutions become a core issue of consideration, suggesting functional neighbourhoods that depart considerably from those suggested by the traditional legal categorizations.

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 315 - 338
Publisher: Cambridge University Press
Print publication year: 2021

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References

Macaulay, Stewart, ‘Non-Contractual Relations in Business: A Preliminary Study’, 28 American Sociological Review 5567 (1963)Google Scholar
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Gilson, Ron / Sabel, Charles / Scott, Robert, ‘Vertical Disintegration and Interfirm Collaboration’, 109 Columbia Law Review 431502 (2009)Google Scholar
Goldberg, Victor P., ‘Relational Exchange: Economics and Complex Contracts’, 23 American Behavioral Scientist 337–52 (1980)Google Scholar
Macneil, Ian, ‘Relational Contract: What We Do and Do Not Know’, 60 Wisconsin Law Review 483525 (1985)Google Scholar
Teubner, Gunter, ‘Coincidentia Oppositorum: Hybrid Networks beyond Contract and Organization’, in Amstutz, Marc / Teubner, Gunter (eds.), Networks: Legal Issues of Multilateral Cooperation (Oxford: Hart, 2009), pp. 330Google Scholar
Tirole, Jean, ‘Incomplete Contracts: Where Do We Stand?’, 67 Econometrica 741–81 (1990)Google Scholar

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