Freedom Of Establishment And Private International Law For Corporations

Author : Paschalis Paschalidis
Publisher : OUP Oxford
Page : 334 pages
File Size : 44,5 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191638138

Get Book

Freedom of Establishment and Private International Law for Corporations by Paschalis Paschalidis Pdf

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Author : Stephan Rammeloo
Publisher : Oxford University Press, USA
Page : 404 pages
File Size : 48,8 Mb
Release : 2001
Category : Business & Economics
ISBN : 0198299257

Get Book

Corporations in Private International Law by Stephan Rammeloo Pdf

This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.

Author : Dr. Maria Kaurakova
Publisher : Spiramus Press Ltd
Page : 168 pages
File Size : 41,9 Mb
Release : 2017-11-10
Category : Law
ISBN : 9781910151679

Get Book

Private International Law of Corporations by Dr. Maria Kaurakova Pdf

This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.

Author : Iris Wuisman
Publisher : Unknown
Page : 136 pages
File Size : 53,8 Mb
Release : 2019
Category : Electronic
ISBN : 9492766558

Get Book

Freedom of Establishment for Companies in Europe (EU/EEA). by Iris Wuisman Pdf

This cahier provides an overview of the freedom of establishment, one of the four freedoms central to the European Union?s single market. The book first contextualizes corporate mobility within a broader economic discussion on market access before turning to the private international law dilemmas posed by legal entities moving across borders. Next, the foundational work done to include the freedom of establishment in EU legislation is explained. The book then presents the limitations that can be imposed on this freedom and the growing body of CJEU case law that has interpreted the scope of these limitations, thereby providing the contours of the freedom of establishment itself. The book subsequently delves into the mechanisms provided under EU secondary legislation to enable legal entities to exercise their freedom of establishment, focusing particularly on cross-border mergers and the Societas Europaea. The last chapters of the book are devoted to cross-border divisions and ongoing developments in European company law that are material to freedom of establishment, most notably the 2018 proposal for a legislative framework for cross-border divisions and cross-border conversions. 0While primarily targeted at students, we hope that this book will also be of interest to anyone who seeks to have a deeper understanding of the freedom of establishment of companies, the motivations for exercising this freedom and the mechanisms that can be used to do so.

Author : Carsten Gerner-Beuerle,Federico Mucciarelli,Edmund-Philipp Schuster,Mathias Siems
Publisher : Unknown
Page : 800 pages
File Size : 43,6 Mb
Release : 2018-10
Category : Electronic
ISBN : 3848746794

Get Book

The Private International Law of Companies in the European Union by Carsten Gerner-Beuerle,Federico Mucciarelli,Edmund-Philipp Schuster,Mathias Siems Pdf

Author : Diana Druta
Publisher : Diana Druta
Page : 158 pages
File Size : 41,5 Mb
Release : 2017-12-01
Category : Business & Economics
ISBN : 8210379456XXX

Get Book

The Company Law in the European dimension by Diana Druta Pdf

The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.

Author : Adriaan F.M. Dorresteijn et al.
Publisher : Kluwer Law International B.V.
Page : 377 pages
File Size : 50,9 Mb
Release : 2022-07-26
Category : Law
ISBN : 9789403532240

Get Book

European Corporate Law by Adriaan F.M. Dorresteijn et al. Pdf

This fully updated new edition provides an overview of the law regarding companies, business organizations, and capital markets in Europe, at both the European Union (EU) and Member State levels. It introduces the reader to the EU harmonization programme and describes how this has influenced corporate law in the various EU Member States. The authors describe common denominators as well as differences in the approach of national corporate laws. The authors highlight current and emerging trends in these areas of corporate law, including: the freedom of establishment of companies within the EU; the European harmonization process and Member States’ implementation of EU legislation; employee involvement in business organizations; the division of power between the different corporate bodies; the functioning and regulation of company groups; and cross-border business combinations, takeovers and restructuring tools. The laws of France, Germany and the Netherlands in particular are discussed and contrasted. This discussion also includes the United Kingdom, although no longer an EU Member State. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Fourth Edition will continue to be of great value to practitioners and academics who wish to acquire a better understanding of European corporate law, in its supranational dimension as well as in the similarities and differences among the various national legal systems. It can also be used as a handbook for comparative corporate law courses.

Author : Geert van Calster
Publisher : Bloomsbury Publishing
Page : 531 pages
File Size : 47,8 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509942084

Get Book

European Private International Law by Geert van Calster Pdf

This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

Author : Maria Kaurakova
Publisher : Claeys & Casteels
Page : 178 pages
File Size : 43,6 Mb
Release : 2017
Category : Law
ISBN : 9077644458

Get Book

On European Companies in Private International Law by Maria Kaurakova Pdf

Currently nobody doubts a significant role of corporations, being not only a primary legal and social, but also economic form of involvement of the multitude as one party in civil and business turnover traditionally presenting high risks. And it is true that, the European Union has long fixed its eyes on perspectives of its economic and political rise, which also may be stimulated by support of the cross-border activity of corporations suited to the dimensions of the Single Market. As may be read between the lines of numerous legal acts of the European Union, the dynamic and ever-increasing Single Market requires rational legal forms, models and institutions to be introduced by the relevant legal instruments.

Author : Péter Metzinger,Zoltán Nemessányi,András Osztovits
Publisher : Unknown
Page : 206 pages
File Size : 55,7 Mb
Release : 2009
Category : Corporation law
ISBN : 963295047X

Get Book

Freedom of Establishment for Companies in the European Union by Péter Metzinger,Zoltán Nemessányi,András Osztovits Pdf

Author : Fernanda Nicola,Bill Davies
Publisher : Cambridge University Press
Page : 661 pages
File Size : 45,8 Mb
Release : 2017-05-29
Category : Law
ISBN : 9781107118898

Get Book

EU Law Stories by Fernanda Nicola,Bill Davies Pdf

This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.

Author : Andrew S. Bell
Publisher : Oxford Private International L
Page : 402 pages
File Size : 41,9 Mb
Release : 2003
Category : Law
ISBN : 0199248184

Get Book

Forum Shopping and Venue in Transnational Litigation by Andrew S. Bell Pdf

The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.

Author : Peter Stone,Youseph Farah
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 42,9 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781781954553

Get Book

Research Handbook on EU Private International Law by Peter Stone,Youseph Farah Pdf

The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a subst

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2011
Category : Political Science
ISBN : 9211542014

Get Book

Guiding Principles on Business and Human Rights by United Nations. Office of the High Commissioner for Human Rights Pdf

"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 92 pages
File Size : 44,5 Mb
Release : 2019-10-15
Category : Law
ISBN : 9789280529135

Get Book

When Private International Law Meets Intellectual Property Law by World Intellectual Property Organization Pdf

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.