{"id":1069,"date":"2026-09-30T15:17:30","date_gmt":"2026-09-30T15:17:30","guid":{"rendered":"https:\/\/cooperation.law\/?page_id=1069"},"modified":"2026-10-01T05:59:31","modified_gmt":"2026-10-01T05:59:31","slug":"law","status":"publish","type":"page","link":"https:\/\/cooperation.law\/en\/law","title":{"rendered":"Law as the constitution of cooperation"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Acting together binds us. Law gives that bond a form everyone can rely on. In this sense, law is understood here as the constitution of cooperation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Law <strong>enables<\/strong> cooperation by providing contracts, legal forms and procedures for agreeing and organising joint work. It <strong>protects<\/strong> those involved: their trust, their contributions and their rights in what they create together. It <strong>resolves conflicts<\/strong>, first through the duty to talk to one another and, as a last resort, through the courts. And it <strong>limits<\/strong> cooperation where it harms third parties, for example through competition law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Behind this lies an idea that Hegel worked out: that law is not first of all a restriction on freedom but its existence in the world (<a href=\"https:\/\/grundlinien.de\/en\/29\/\">Groundlines \u00a7 29<\/a>). One need not accept Hegel&#8217;s system to find this idea useful in practice.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">A cross-cutting field<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Cooperation takes many shapes. It may grow out of a lasting exchange or be conceived as a joint undertaking from the start, be more egalitarian or more hierarchical, focus on the process or on the result, pursue profit or non-commercial aims. It can even unite parties with opposing goals.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There is therefore no single statute on cooperation. The law of cooperation draws on parts of many fields: the law of obligations, company law, employment law, copyright and intellectual property, data protection, unfair competition and antitrust law, tax law and procedural law.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">The form changes with the cooperation<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The legal form of a cooperation is not fixed once and for all. A contract that fitted at the start may be too narrow two years later. A loose initiative may turn into a partnership without anyone noticing, and then everyone involved is personally liable for its debts.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The pages in this section apply to every cooperation, on site and online. Each has an &#8220;Online&#8221; section showing what changes when the work moves wholly or partly online.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">The pages<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Foundations<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/cooperation-as-legal-relationship\">Cooperation as a legal relationship<\/a>: duties beyond the agreed performance, from regard for the other side&#8217;s interests to the duty to cooperate.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Contracts<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/cooperation-agreement\">The cooperation agreement<\/a>: working together without a company, and where an unintended partnership begins.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/contract-for-work\">Contract for work<\/a>: when a result is owed and the client&#8217;s participation shapes its success.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/service-contract\">Service contract<\/a>: when the activity itself is owed, from consultancy to employment.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/franchising-and-distribution\">Franchising and distribution<\/a>: vertical cooperation between independent businesses and its limits under competition law.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/letter-of-intent\">Letter of intent<\/a>: what a letter of intent binds and what it does not.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/cooperative-clauses\">Cooperative clauses<\/a>: terms for the cooperation itself, each with purpose, sample wording and pitfall.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Legal forms<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/legal-forms\">Legal forms compared<\/a>: the forms side by side, ordered by what a cooperation needs from them.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/gbr\">GbR and eGbR<\/a>: the basic form of acting together, often created without anyone intending it.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/association\">Association<\/a>: the form for non-commercial cooperation among many, with general meetings online as well.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/cooperative\">Cooperative and SCE<\/a>: promoting the members&#8217; economic interests together, at national and European level.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/gmbh-ug\">GmbH and UG as joint ventures<\/a>: the limited company as a shared project of several partners.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/european-association\">European association<\/a>: the EU proposal for cross-border associations (ECBA) and its status.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/steward-ownership\">Steward ownership<\/a>: companies with locked assets and the debate about a legal form of their own.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Cooperation within a company<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/shareholders-among-themselves\">Shareholders among themselves<\/a>: duty of loyalty, shareholder agreements and dealing with deadlock.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/management-as-cooperation\">Management as cooperation<\/a>: collective responsibility, portfolios and rules of procedure.<\/li>\n\n\n\n<li><a href=\"https:\/\/cooperation.law\/en\/shareholders-and-management\">Shareholders and management<\/a>: instructions, information and the role of an advisory board.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Decisions<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/decisions-and-meetings\">Decisions and meetings<\/a>: meetings and resolutions on site, hybrid and online.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Across borders<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/across-borders\">Across borders<\/a>: which law applies, which court has jurisdiction and when an arbitral tribunal decides.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Data and rights<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/data-and-rights\">Data and rights<\/a>: joint responsibility for data, joint authorship and licences.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Competition<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/competition\">Competition and cooperation<\/a>: where cooperation between competitors is permitted and where it ends.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Resolving conflicts<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/cooperation.law\/en\/resolving-conflicts\">Resolving conflicts<\/a>: from negotiation via mediation to a decision by an arbitral tribunal or a state court, online as well.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><em>As at 30 September 2026<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Acting together binds us. Law gives that bond a form everyone can rely on. In this sense, law is understood here as the constitution of cooperation. Law enables cooperation by providing contracts, legal forms and procedures for agreeing and organising joint work. It protects those involved: their trust, their contributions and their rights in what [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1069","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/pages\/1069","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/comments?post=1069"}],"version-history":[{"count":9,"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/pages\/1069\/revisions"}],"predecessor-version":[{"id":1819,"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/pages\/1069\/revisions\/1819"}],"wp:attachment":[{"href":"https:\/\/cooperation.law\/en\/wp-json\/wp\/v2\/media?parent=1069"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}