Freedom of Establishment and Private International Law for Corporations
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 March 2012
- ISBN 9780199698042
- Binding Hardback
- No. of pages324 pages
- Size 235x159x25 mm
- Weight 628 g
- Language English 0
Categories
Short description:
Focusing on the impact of the freedom of establishment on private international law for corporations and insolvency, this book explores the fate of the real seat theory, the doctrine of abuse, and addresses the important questions of regulatory competition and 'forum shopping' for incorporations and insolvencies in the EU.
MoreLong description:
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.
Table of Contents:
Part I Private international law for corporations
National choice of law for corporations
The incorporation and real seat theories in context
Part II Freedom of establishment and private international law for corporations
The normative content of freedom of establishment
Letterbox companies and the doctrine of abuse
Regulatory competition for incorporations
Part III Freedom of establishment and private international law for insolvency
The scheme of insolvency proceedings in the European Union
The COMI and forum shopping
Regulatory competition for insolvency
Reflections on the intersection of freedom of establishment with private international law for corporations
