Centros, the Freedom of Establishment for Companies, and the Court's Accidental Vision for Corporate Law

2015 ◽  
Author(s):  
Martin Gelter
Keyword(s):  
Corporate Law ◽  
Freedom Of Establishment

scholarly journals ELIMINATING OBSTACLES TO FREEDOM OF ESTABLISHMENT: THE COMPETITIVE EDGE OF UK COMPANY LAW

2004 ◽  
Vol 63 (2) ◽  
pp. 331-345 ◽  
Author(s):  
John Lowry
Keyword(s):  
Creditor Protection ◽  
Corporate Law ◽  
Company Law ◽  
Freedom Of Establishment ◽  
Competitive Edge ◽  
Inspire Art ◽  
Protection Mechanisms

This article examines the implications of the E.C.J.'s decisions in Überseering and Inspire Art against the background of the principal competing theories relating to lex societatis. It considers the tension between freedom of establishment (EC Treaty, arts 43 and 48) and the protective objectives of national corporate law regimes aimed at defeating the so-called Delaware effect. It goes on to argue that significant issues remain unresolved. More particularly, it questions whether creditor protection mechanisms contained in national insolvency laws will, in future, be viewed as obstacles to freedom of establishment.

The Europeanization of Corporate Law

2019 ◽  
pp. 85-154
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Case Law ◽  
Internal Market ◽  
Corporate Law ◽  
Company Law ◽  
Eu Law ◽  
Freedom Of Establishment ◽  
The Future ◽  
Corporate Mobility ◽  
Law Making ◽  
The Eu

This chapter begins with an overview of the nature and effects of EU law and the EU law-making process, with particular focus on the internal market. This is followed by an analysis of the acquis unionaire—the EU law with company law relevance at both Treaty level and the level of secondary legislation (regulations and directives). It emphasizes the trajectory of EU company law and its development in distinguishable ‘waves’. It then turns to the issue of corporate mobility within the Union, on the basis of the Court’s case law on freedom of establishment, as well as the emerging EU law infrastructure for corporate mobility transactions. The chapter concludes with some speculation about the future of EU company law in the light of Brexit.

scholarly journals La crisis de identidad del Derecho societario de la Unión Europea. Comentario al asunto Polbud y a cuestiones derivadas = The identity crisis of the European Union’s Corporate Law. A review on the Polbud case and derivated matters

2020 ◽  
Vol 12 (1) ◽  
pp. 558
Author(s):  
José Antonio González López
Keyword(s):  
Case Law ◽  
Identity Crisis ◽  
Corporate Law ◽  
Freedom Of Establishment ◽  
Member States ◽  
Life And Death ◽  
Eu Member States ◽  
Critical Commentary ◽  
Registered Office ◽  
Real Seat

Resumen: La regulación de la vida y muerte de las sociedades es una cuestión que corresponde a cada uno de los Estados miembros de la UE. Ante un quizás interesado desinterés armonizador, ha sido el TJUE el encargado de solventar en la medida de lo posible los problemas que, a la luz de la libertad de establecimiento, ha suscitado la mencionada falta de interés. En este trabajo se comenta de manera crítica la jurisprudencia del mencionado Tribunal y los problemas que evidencia. Tales problemas son, en esencia, las contradicciones entre las regulaciones societarias laxas y estrictas de los diferentes Estados miembros y la gran contradicción: las dos teorías contrapuestas para la determinación de la lex societatis que conviven en territorio europeo.Palabras clave: domicilio social, traslado, sede real, incorporación, empresa, compañía.Abstract: The regulation of life and death of companies is a competence of each EU member states. Due to a lack of interest in harmonizing, the CJEU has been in charge of solving the conflict between the freedom of establishment and the mentioned lack of interest. This paper contains a critical commentary of the case law of the CJEU and the problems that it shows. Such problems are basically the contradictions between the lax and strict corporate regulations of the different Member States and, also, the great contradiction: the two opposed theories for the regulation of the lex societatis that coexist in European territory.Keywords: registered office, transfer, real seat, incorporation, enterprise, company.

Contemporary Australian Corporate Law

2017 ◽  
Author(s):  
Stephen Bottomley ◽  
Kath Hall ◽  
Peta Spender ◽  
Beth Nosworthy
Keyword(s):  
Corporate Law

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

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