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Freedom of Establishment and Private International Law for Corporations

Freedom of Establishment and Private International Law for Corporations Author Paschalis Paschalidis
ISBN-10 9780191638138
Release 2012-03-29
Pages 328
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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.



Corporations in Private International Law

Corporations in Private International Law Author Stephan Rammeloo
ISBN-10 0198299257
Release 2001-01-01
Pages 349
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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.



Research Handbook on EU Private International Law

Research Handbook on EU Private International Law Author Peter Stone
ISBN-10 9781781954553
Release 2015-05-29
Pages 416
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The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a subst



The Governing Law of Companies in EU Law

The Governing Law of Companies in EU Law Author Justin Borg-Barthet
ISBN-10 9781847319272
Release 2012-04-09
Pages 210
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The manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding 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 new theoretical perspectives 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.



Private International Law in the Czech Republic

Private International Law in the Czech Republic Author Monika Pauknerová
ISBN-10 9789041138361
Release 2011
Pages 188
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Now also available as eBook Derived from the renowned multi-volume International Encyclopaedia of Laws



European Private International Law

European Private International Law Author Geert Van Calster
ISBN-10 9781782250623
Release 2013-02-15
Pages 382
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Usable both as a student textbook and as a general introduction for legal professionals, European Private International Law is designed to reflect the reality of legal practice throughout the EU. The private international law of the Member States is increasingly regulated by the EU, making private international law ever less 'national' and ever more EU based. Consequently, EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practising lawyers throughout the EU. This book provides a thorough overview of core European PIL, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with PIL and insolvency, freedom of establishment and corporate social responsibility.



European Access

European Access Author
ISBN-10 STANFORD:36105112744466
Release 2002
Pages
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European Access has been writing in one form or another for most of life. You can find so many inspiration from European Access also informative, and entertaining. Click DOWNLOAD or Read Online button to get full European Access book for free.



EC Law Aspects of Hybrid Entities

EC Law Aspects of Hybrid Entities Author
ISBN-10 9789087220426
Release 2009
Pages 444
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EC Law Aspects of Hybrid Entities has been writing in one form or another for most of life. You can find so many inspiration from EC Law Aspects of Hybrid Entities also informative, and entertaining. Click DOWNLOAD or Read Online button to get full EC Law Aspects of Hybrid Entities book for free.



The journal of corporate law studies

The journal of corporate law studies Author
ISBN-10 UCAL:B5176830
Release 2005
Pages
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The journal of corporate law studies has been writing in one form or another for most of life. You can find so many inspiration from The journal of corporate law studies also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The journal of corporate law studies book for free.



Religious Actors and International Law

Religious Actors and International Law Author Ioana Cismas
ISBN-10 9780191021893
Release 2014-07-17
Pages 440
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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.



The New Oxford Companion to Law

The New Oxford Companion to Law Author Peter Cane
ISBN-10 STANFORD:36105134428239
Release 2008
Pages 1306
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For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.



Victoria University of Wellington Law Review

Victoria University of Wellington Law Review Author
ISBN-10 UCAL:B5155883
Release 2005
Pages
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Victoria University of Wellington Law Review has been writing in one form or another for most of life. You can find so many inspiration from Victoria University of Wellington Law Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Victoria University of Wellington Law Review book for free.



Maastricht Journal of European and Comparative Law

Maastricht Journal of European and Comparative Law Author
ISBN-10 STANFORD:36105063852193
Release 2002
Pages
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Maastricht Journal of European and Comparative Law has been writing in one form or another for most of life. You can find so many inspiration from Maastricht Journal of European and Comparative Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Maastricht Journal of European and Comparative Law book for free.



The Oxford companion to American law

The Oxford companion to American law Author Kermit Hall
ISBN-10 UOM:49015002894005
Release 2002-05-02
Pages 912
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The comprehensive reference guide to American law features entries written by more than three hundred experts on everything from the Salem witchcraft trials to wiretapping.



European Union Law for the Twenty first Century Internal market and free movement community policies

European Union Law for the Twenty first Century  Internal market and free movement community policies Author Takis Tridimas
ISBN-10 1841134600
Release 2004
Pages 418
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Based on the contributions made to the W.G. Hart Workshop 2003, leading experts seek to assess the state of the development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European constitution.



PAIS Bulletin

PAIS Bulletin Author
ISBN-10 UCAL:B4425805
Release 1988
Pages
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PAIS Bulletin has been writing in one form or another for most of life. You can find so many inspiration from PAIS Bulletin also informative, and entertaining. Click DOWNLOAD or Read Online button to get full PAIS Bulletin book for free.



The Services Directive

The Services Directive Author Ulla Boegh Neergaard
ISBN-10 8757418063
Release 2008-01-01
Pages 260
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The much debated Services Directive was adopted on December 12, 2006. This book brings together essays by leading legal scholars from a number of European countries on the consequences of the Directive for the welfare state and the European Social Model. Each essay addresses different dimensions of the Services Directive. Dagmar Schiek introduces the European Social Model from a more general point of view, whereas Ulla Neergaard analyzes the welfare services that are considered services of general (economic) interest. Lynn Roseberry focuses on the general principle of non-discrimination. Elisabetta Bergamini, Jukka Snell, and Ruth Nielsen address the more operational chapters of the Services Directive as they focus on the freedom of establishment, the freedom to provide services, and the rights of recipients of services respectively. Finally, Frank Hendrickx addresses the issue of social dumping.