Freedom of Establishment and Private International Law for Corporations

Nonfiction, Reference & Language, Law, Conflict of Laws, Comparative
Cover of the book Freedom of Establishment and Private International Law for Corporations by Paschalis Paschalidis, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Paschalis Paschalidis ISBN: 9780191638138
Publisher: OUP Oxford Publication: March 29, 2012
Imprint: OUP Oxford Language: English
Author: Paschalis Paschalidis
ISBN: 9780191638138
Publisher: OUP Oxford
Publication: March 29, 2012
Imprint: OUP Oxford
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book An Introduction to Model-Based Survey Sampling with Applications by Paschalis Paschalidis
Cover of the book The Russian Empire 1450-1801 by Paschalis Paschalidis
Cover of the book PACE: A Practical Guide to the Police and Criminal Evidence Act 1984 by Paschalis Paschalidis
Cover of the book A Supplementary Dictionary of Transport Studies by Paschalis Paschalidis
Cover of the book The Vampyre and Other Tales of the Macabre by Paschalis Paschalidis
Cover of the book Free and Open Source Software by Paschalis Paschalidis
Cover of the book Dickens and the Workhouse:Oliver Twist and the London Poor by Paschalis Paschalidis
Cover of the book Dramatic Geography by Paschalis Paschalidis
Cover of the book Nuclear Weapons: A Very Short Introduction by Paschalis Paschalidis
Cover of the book Remedies in International Human Rights Law by Paschalis Paschalidis
Cover of the book The Transcendental Turn by Paschalis Paschalidis
Cover of the book Nationalism and War by Paschalis Paschalidis
Cover of the book The Handbook of the Law of Visiting Forces by Paschalis Paschalidis
Cover of the book Well-Being and Death by Paschalis Paschalidis
Cover of the book Philosophy of Law: A Very Short Introduction by Paschalis Paschalidis
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy