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Vol 22 No 10 Oct/Nov 2017

Book of the Month

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Lindley & Banks on Partnership

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Private International Law of Corporations


ISBN13: 9781910151679
To be Published: November 2017
Publisher: Spiramus Press Ltd
Country of Publication: UK
Format: Paperback
Price: £89.95



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.

Subjects:
Company Law, Conflict of Laws
Contents:
INTRODUCTION

NATURE AND ESSENCE OF PRIVATE INTERNATIONAL LAW
1.1. On legal categories of a rule of law and a conflict of law rule
1.2. Narrow and broad conceptions of a rule of law

DISTINGUISHING MARKS OF PRIVATE INTERNATIONAL LAW OF CORPORATIONS
2.1. Formal attributes of private international law of corporations
2.2. Terminological apparatus of private international law of corporations
2.3. On right and wrong principles in private international law of corporations
2.3.1. Multinational corporations
2.4. On questionable points of private international law of corporations

SCOPE OF PRIVATE INTERNATIONAL LAW OF CORPORATIONS
3.1. Particulars of the use of lex personalis
3.2. Particulars of the use of lex societatis
3.3. Particulars of the use of lex loci
3.4. Particulars of the use of lex voluntatis
3.5. International jurisdiction over cross-border corporate disputes and other disputes closely connected with them (cause, particulars and effect)
3.5.1. When foreign corporations are immune from the jurisdiction of foreign national courts
3.5.2. Prior conditions for foreign judgements to be enforced
3.5.3. Recognition of foreign decisions relating to corporate and other rights and obligations arising in this connection

SCALE OF PRIVATE INTERNATIONAL LAW OF CORPORATIONS
4.1. Current state of private international law of corporations
4.2. Prospects and problems of modern private international law of corporations

CONCLUSION

Glossary
Bibliography
Table of cases
Table of statutes
Index