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Author : Andreas Cahn,David C. Donald
Publisher : Cambridge University Press
Page : 1095 pages
File Size : 40,6 Mb
Release : 2018-10-04
Category : Law
ISBN : 9781107186354
Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
Author : Carsten Gerner-Beuerle,Michael Anderson Schillig
Publisher : Oxford University Press
Page : 1088 pages
File Size : 47,9 Mb
Release : 2019-05-06
Category : Law
ISBN : 9780191059070
Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.
Author : Andreas Cahn,David C. Donald
Publisher : Cambridge University Press
Page : 1095 pages
File Size : 49,9 Mb
Release : 2018-10-04
Category : Law
ISBN : 9781316946855
When comparing the laws of different jurisdictions, one often sees only the forest or the trees. This is particularly problematic in comparative company law, where students hope both to understand the overall framework of the law and grasp its practical application. This text's structure, now in its second edition, solves that dilemma. Chapters open with discursive analyses of the law in each of Germany, the UK and the US (Delaware, the ABA Model Business Corporation Act, and federal securities laws) and set out the high-level governing framework, particularly for the EU and its member states. This analysis is succinct and pointed, with numerous references to both the law and leading scholarship. The whole text is arranged to highlight comparative aspects. Diagrams are used where helpful. Chapters close with edited judicial decisions from at least two of the jurisdictions discussed, which allows fresh exploration of comparison in more detail, and pointed questions to guide class discussion.
Author : Mathias Siems,David Cabrelli
Publisher : Bloomsbury Publishing
Page : 581 pages
File Size : 55,7 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509909353
As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.
Author : Mads Tønnesson Andenæs,Frank Wooldridge
Publisher : Cambridge University Press
Page : 649 pages
File Size : 52,6 Mb
Release : 2009-07-30
Category : Business & Economics
ISBN : 9780521842198
An examination of important aspects of the company laws of seven European countries.
Author : Afra Afsharipour,Martin Gelter
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 48,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781788975339
This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.
Author : Reinier Kraakman,John Armour,Paul Davies,Luca Enriques,Henry Hansmann,Gerard Hertig,Klaus Hopt,Hideki Kanda,Mariana Pargendler,Wolf-Georg Ringe,Edward Rock
Publisher : Oxford University Press
Page : 305 pages
File Size : 46,8 Mb
Release : 2017-01-19
Category : Law
ISBN : 9780191059544
This is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of "external constituencies" without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.
Author : Rafael Mariano Manóvil
Publisher : Springer Nature
Page : 694 pages
File Size : 42,9 Mb
Release : 2020-03-16
Category : Law
ISBN : 9783030366971
This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country’s legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.
Author : O. Nwafor
Publisher : African Books Collective
Page : 537 pages
File Size : 40,8 Mb
Release : 2020-07-01
Category : Law
ISBN : 9789785916584
Topics discussed in this book are deliberately comparative and show the different levels of the ground rules for the regulation of corporate operations in the different jurisdictions. The United Kingdom, Nigeria and South Africa are primarily chosen simply on the common law background upon which the statutory provisions in those countries are founded. There are also references to Canada, Australia and India on case by case basis to illustrate the differences in the application of the relevant legal principles and statutory interpretations. The insights gained should facilitate statutory amendments and effective adjustment in the operations of the regulatory agencies and business organizations. The book is written as an invaluable study material for students at the tertiary level. Illuminating the concepts from divergent perspectives avails the reader a broad range of explanations for a better understanding of the subject. Legal practitioners and the judiciary should also find in this work a good source of legal information on company law, especially whenever the need arises to seek persuasive guidance from the opinions of courts and writers on similar developments in cognate jurisdictions to give meaning to those difficult and uncharted courses in the discharge of their daily responsibilities of interpreting and applying the law as judicial officers. The book should be a handy material for those running the affairs of a company in understanding the rules of their engagement.
Author : Petri Mäntysaari
Publisher : Springer Science & Business Media
Page : 445 pages
File Size : 53,6 Mb
Release : 2006-01-16
Category : Law
ISBN : 3540264604
An analytical overview of the regulation of shareholder activism in the UK and Germany. The book shows how the comparative legal method can be used in the study of the corporate governance systems of different countries. It deals with the regulation of the governance of listed companies within a wide framework that recognises the importance of company law, securities markets law, standards and internal rule-making.
Author : Nicola de Luca
Publisher : Cambridge University Press
Page : 599 pages
File Size : 48,8 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781108843522
This successful textbook remains the only offering for students of European company law, and has been fully updated.
Author : Andreas M. Fleckner,Klaus J. Hopt
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,7 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107355118
The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.
Author : Véronique Magnier
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 50,8 Mb
Release : 2017-08-25
Category : Business & Economics
ISBN : 9781784713560
Comparative Corporate Governance considers the effects of globalization on corporate governance issues and highlights how, despite these widespread consequences, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the disparity between convergence attempts and the persistence of local models of governance in the US, Europe and Asia.
Author : Sean Patrick Donlan,Jane Mair
Publisher : Routledge
Page : 135 pages
File Size : 53,8 Mb
Release : 2019-12-06
Category : Law
ISBN : 9780429751417
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author : Bo Xie
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 47,9 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781781007389
Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.