The Impact Of Freedom Of Establishment On Private International Law For Corporations
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Author | : Paschalis Paschalidis |
Publisher | : OUP Oxford |
Total Pages | : 334 |
Release | : 2012-03-29 |
Genre | : Law |
ISBN | : 0191638137 |
Download Freedom of Establishment and Private International Law for Corporations Book in PDF, Epub and Kindle
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 | : Paschalis Paschalidis |
Publisher | : |
Total Pages | : 448 |
Release | : 2009 |
Genre | : International business enterprises |
ISBN | : |
Download The Impact of Freedom of Establishment on Private International Law for Corporations Book in PDF, Epub and Kindle
Author | : Carsten Gerner-Beuerle |
Publisher | : |
Total Pages | : 800 |
Release | : 2018-10 |
Genre | : |
ISBN | : 9783848746798 |
Download The Private International Law of Companies in the European Union Book in PDF, Epub and Kindle
Author | : |
Publisher | : |
Total Pages | : 285 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download The Contribution of Private International Law to the Freedom of Establishment for Companies in the European Union Book in PDF, Epub and Kindle
Author | : Cecilia Lazzarini |
Publisher | : |
Total Pages | : 56 |
Release | : 2005 |
Genre | : |
ISBN | : |
Download Freedom of Establishment of Companies Book in PDF, Epub and Kindle
Author | : Stephan Rammeloo |
Publisher | : Oxford University Press, USA |
Total Pages | : 404 |
Release | : 2001 |
Genre | : Business & Economics |
ISBN | : 9780198299257 |
Download Corporations in Private International Law Book in PDF, Epub and Kindle
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 | : Ulf Bernitz |
Publisher | : Oxford University Press |
Total Pages | : 392 |
Release | : 2010-12-23 |
Genre | : Business & Economics |
ISBN | : 0199591458 |
Download Company Law and Economic Protectionism Book in PDF, Epub and Kindle
A collection of essays examining the conflict between EU law and company law, covering a broad range of topics including takeovers, mergers and restructuring, sovereign wealth funds, and proportionality of ownership and control.
Author | : Daniele Fabris |
Publisher | : |
Total Pages | : 14 |
Release | : 2019 |
Genre | : |
ISBN | : |
Download European Companies' 'Mutilated Freedom'. From the Freedom of Establishment to the Right of Cross-Border Conversion Book in PDF, Epub and Kindle
This article examines the intricate relation between private international law and freedom of establishment within the EU, as well as the CJEU case-law on this issue. Articles 49 and 54 TFEU provide companies formed in accordance with the law of a Member State with the freedom to undertake their business in any other Member States. The relation between this freedom and the national rules on conflict of laws and of substantive company law, which are not fully harmonized within the EU, however, is an issue that has risen many concerns amongst academics and practitioners. Several cases, in fact, have shown that companies are often unable to enjoy this freedom due to private international law and national company law provisions. In this paper I argue that the CJEU interpretation of such provisions has de facto “mutilated” the freedom of establishment, reducing it to a more restricted right of cross-border conversion.
Author | : Silvia Fazio |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 298 |
Release | : 2007-01-01 |
Genre | : Law |
ISBN | : 9041125876 |
Download The Harmonization of International Commercial Law Book in PDF, Epub and Kindle
Preface. 1. The World Scenario and the Approximation of Law. 2. Vehicles for the Harmonisation of Law. 3. Regionalisation and Standardisation of Law. 4. Regional Corporate Law Harmonisation: The EU and the Mercosur. 5. The Infrastructure of Capital. 6. The Phenomenon of Development: International and Regional Approaches to Banking and Financial Law. 7. Theories of the Company. 8. Corporate Governance. 9. International Legal Standards and the Inclusion of Emerging Countries in the Globalised Order: The Case Study of Brazil. 10. Conclusion: Legal Pluralism and the Creation of Standards within the Process of Globalisation¿Analytical Summary and Theoretical and Practical Implications. Bibliography.
Author | : Geert van Calster |
Publisher | : Bloomsbury Publishing |
Total Pages | : 759 |
Release | : 2024-01-25 |
Genre | : Law |
ISBN | : 1509970924 |
Download European Private International Law Book in PDF, Epub and Kindle
This classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book 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 private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. 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.