Corporations in Private International Law
A European Perspective
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 15 February 2001
- ISBN 9780198299257
- Binding Hardback
- No. of pages396 pages
- Size 241x163x26 mm
- Weight 693 g
- Language English 0
Categories
Short description:
This book provides a much-needed analysis of this very important subject for company lawyers, including discussion of the principle of freedom of establishment, and focusing upon the key issue of determining where a corporation has its 'seat' for legal purposes. A survey is given of current EC law and of private international law developments in three 'incorporation' countries (Netherlands, England and Switzerland) and three 'real seat' countries (Germany, France and Italy). Following on from entry into force of the Treaty of Amsterdam, an integrated approach of EC law and private international law is advocated in order to develop instruments to facilitate cross-border company migration. Special attention is given to the 1998 EC Draft Proposal for a Fourteenth Company Law Directive on Cross-border Company Transfers.
MoreLong description:
This book provides a much-needed analysis of this very important subject for company lawyers, including discussion of the principle of freedom of establishment, and focusing upon the key issue of determining where a corporation has its "seat" for legal purposes. A survey is given of current EC law and of private international law developments in three 'incorporation' countries (Netherlands, England and Switzerland) and three 'real seat' countries (Germany, France and Italy). Following on from entry into force of the Treaty of Amsterdam, an integrated approach of EC law and private international law is advocated in order to develop instruments to facilitate cross-border company migration. Special attention is given to the 1998 EC Draft Proposal for a Fourteenth Company Law Directive on Cross-border Company Transfers.
The book is a valuable contribution towards an empirical study of the current problems associated with private international law and EC law in respect of private companies.
Table of Contents:
Table of Cases
Table of Legislation
Part I: Legal Status of Foreign Companies. Present State of European Law
Cross-Border Company Relationships in Europe. Main Features
Recognition Theories. Private International Law Treaties and EC Law
Provisional Conclusions
Part II: Present State of Private International Law. A Comparative Analysis
'Incorporation' Countries Versus 'Real Seat' Countries
Provisional Conclusions
Part III: Future Outlooks. An Integrated Law Approach
Treaty of Amsterdam. Synthesis of EC Law and Private International Law
Final Conclusions
Index
