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Vol 22 No 7 July/August 2017

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The Governing Law of Companies in EU Law


ISBN13: 9781849462969
Published: April 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Low stock.

Also available as
£54.16
+ £10.83 VAT

The governing law of companies is a subject which has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings concerning the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment.

Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape.

These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio, and a Commission communication that contemplates the introduction of legislation on the governing law of companies.

This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies.

In addition to considering the present and probable future state of EU law, the book also develops a new theoretical perspective and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.

Subjects:
Company Law, Conflict of Laws
Contents:
1. Introduction 1.1 Aims 1.2 Scope 1.3 A History in Brief 1.4 Are Conflicts of Corporate Laws Still Relevant? 1.5 Provisional Conclusions 2 The Principle of Party Autonomy 2.1 Introduction 2.2 A Global Movement Towards Party Autonomy? 2.3 Analogies with Contract Law 1 2.4 Economic Analyses of the Conflict of Corporate Laws 2.5 Conclusions 3 The Plural Aims of Conflict of Corporate Laws 3.1 Introduction 3.2 Targeted Protective Mechanisms 3.3 Enduring Divergence in Corporate Law, and Potential Exceptions in Private International Law 3.4 Conclusions 4 Party Autonomy in European Law 4.1 Introduction 4.2 The Constitutional Treatment of Party Autonomy 4.3 The Origins and Purpose of Article 50 4.4 The Substantive Effects of Harmonisation on Party Autonomy 4.5 Supranational Business Vehicles 4.6 Conclusions 5 The Freedom of Establishment Judgments 5.1 Introduction 5.2 Centros et al in Context: the Treaty Provisions, the 1968 Convention and Daily Mail 5.3 The ECJ's Liberalising Judgments 5.4 Cartesio 5.5 The Present State of EU Law 5.6 Conclusions 6 Options for Future Development 6.1 Introduction 6.2 Option 1: the Status Quo 6.3 Option 2: the Status Quo Ante 6.4 Option 3: Unification or Supranationalisation of Corporate Law 6.5 Option 4: a New Regulatory Framework 6.6 Conclusions

Series: Studies in Private International Law

The Private International Law of Authentic Instruments ISBN 9781509907632
To be published September 2018
Hart Publishing
£80.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
To be published January 2018
Hart Publishing
£34.99
Cross-Border Litigation in Europe ISBN 9781782256762
To be published November 2017
Hart Publishing
£80.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
To be published October 2017
Hart Publishing
£80.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£30.00
£24.99
The Choice of Law Contract (eBook) ISBN 9781509901029
Published July 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The Choice of Law Contract ISBN 9781849467643
Published July 2016
Hart Publishing
£60.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published June 2016
Hart Publishing
£39.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£70.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£65.00
£55.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£90.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£33.32 + £6.67 VAT
(ePub)
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£80.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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£58.33 + £11.66 VAT
(ePub)
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Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£65.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£187.49 + £37.50 VAT
(ePub)
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Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£225.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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£99.99 + £20.00 VAT
(ePub)
Buy
£120.00
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£60.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£65.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£49.99
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£75.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£55.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print