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Logistik och juridik. Moderna affärsförbindelser och kontrakt som utmaningar för förmögenhetsrätten

Olander, Mari LU (2010)
Abstract
This thesis is about the relationship between the legal system and the ways firms organize their economic activities. When firms apply new business models and establishing new forms of relationships, as e.g. in logistics, the law must "keep up" and evolve with them. The law is supposed to provide legal instruments to be used in practical business rendering reactions to unsound business. Without legal instruments, firms are left behind and must find legal solutions on their own through contracts, thereby risking that these are largely determined by commercial considerations, not legal considerations. This study is aimed to increase knowledge in jurisprudence about the challenges for renewal coming from modern business relationships and... (More)
This thesis is about the relationship between the legal system and the ways firms organize their economic activities. When firms apply new business models and establishing new forms of relationships, as e.g. in logistics, the law must "keep up" and evolve with them. The law is supposed to provide legal instruments to be used in practical business rendering reactions to unsound business. Without legal instruments, firms are left behind and must find legal solutions on their own through contracts, thereby risking that these are largely determined by commercial considerations, not legal considerations. This study is aimed to increase knowledge in jurisprudence about the challenges for renewal coming from modern business relationships and contracts. The study tries to find answers to the following question: How is property law challenged by modern business relationships and contracts in logistics? Among the main findings are e.g. that

- economic flows through supply chains and integrated activities between firms challenges many of the basic principals in property law. The law, although recognizing that firms cooperate, is considering cooperation and integration as exceptions.

- the mutual trust between companies is an important component of their business relations. The principles of property law are based on the conflict between the contractual parties to meet their own interests.

- modern commercial relationships are clearly international in character. Every nation has its own legal system with its own legal characteristics.

- contracts are important tools for firms in their attempts to add value and are starting points for the future. A fundamental principle of law is that in the contract the parties are carefully specifying their rights and obligations.

- it is an important part of risk management to prevent damage through showing and developing trust in contract, is an important part of this risk management. In property law the term "risk" designates the uncertainty that arises from the contract in question.

- when various legal constructs are being mixed frivolously in contracts, the courts have little guidance when interpreting the contract.

The final chapter focuses on a discussion of two theoretically formulated developing ways in which the research in law can be “proactive”. One route is about the development of standardized transparent and predictable legal tools adapted to modern business strategies and needs. The second route involves the contribution to improve the legal tools to be used by courts and arbitral tribunals in their assessments of modern economic phenomena. (Less)
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author
supervisor
opponent
  • Graver, Hans Petter, Institutt for privatrett, Det juridiske fakultet, Oslo universitet
organization
publishing date
type
Thesis
publication status
published
subject
keywords
renewal, 3PL, risk management, supply chain management, legal, Property law, abductive method, contract, business relationships, challenges, logistics, 4PL
defense location
Sal 101, Holger Crafoord Ekonomicentrum 2, sal 101
defense date
2010-12-10 09:15
ISBN
978-91-7473-034-0
language
Swedish
LU publication?
yes
id
455ead91-84ef-4ac9-a2ce-d098f89c57c9 (old id 1718696)
date added to LUP
2010-11-22 09:06:10
date last changed
2016-09-19 08:45:17
@phdthesis{455ead91-84ef-4ac9-a2ce-d098f89c57c9,
  abstract     = {This thesis is about the relationship between the legal system and the ways firms organize their economic activities. When firms apply new business models and establishing new forms of relationships, as e.g. in logistics, the law must "keep up" and evolve with them. The law is supposed to provide legal instruments to be used in practical business rendering reactions to unsound business. Without legal instruments, firms are left behind and must find legal solutions on their own through contracts, thereby risking that these are largely determined by commercial considerations, not legal considerations. This study is aimed to increase knowledge in jurisprudence about the challenges for renewal coming from modern business relationships and contracts. The study tries to find answers to the following question: How is property law challenged by modern business relationships and contracts in logistics? Among the main findings are e.g. that<br/><br>
- economic flows through supply chains and integrated activities between firms challenges many of the basic principals in property law. The law, although recognizing that firms cooperate, is considering cooperation and integration as exceptions. <br/><br>
- the mutual trust between companies is an important component of their business relations. The principles of property law are based on the conflict between the contractual parties to meet their own interests. <br/><br>
- modern commercial relationships are clearly international in character. Every nation has its own legal system with its own legal characteristics. <br/><br>
- contracts are important tools for firms in their attempts to add value and are starting points for the future. A fundamental principle of law is that in the contract the parties are carefully specifying their rights and obligations.<br/><br>
- it is an important part of risk management to prevent damage through showing and developing trust in contract, is an important part of this risk management. In property law the term "risk" designates the uncertainty that arises from the contract in question. <br/><br>
- when various legal constructs are being mixed frivolously in contracts, the courts have little guidance when interpreting the contract. <br/><br>
The final chapter focuses on a discussion of two theoretically formulated developing ways in which the research in law can be “proactive”. One route is about the development of standardized transparent and predictable legal tools adapted to modern business strategies and needs. The second route involves the contribution to improve the legal tools to be used by courts and arbitral tribunals in their assessments of modern economic phenomena.},
  author       = {Olander, Mari},
  isbn         = {978-91-7473-034-0},
  keyword      = {renewal,3PL,risk management,supply chain management,legal,Property law,abductive method,contract,business relationships,challenges,logistics,4PL},
  language     = {swe},
  school       = {Lund University},
  title        = {Logistik och juridik. Moderna affärsförbindelser och kontrakt som utmaningar för förmögenhetsrätten},
  year         = {2010},
}