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The Governing Law of Companies in EU Law (Hardcover, New)
Loot Price: R3,144
Discovery Miles 31 440
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The Governing Law of Companies in EU Law (Hardcover, New)
Series: Studies in Private International Law
Expected to ship within 12 - 17 working days
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The governing law of companies is a subject which has attracted
much attention - from academics and practitioners alike - ever
since the European Court of Justice began receiving references for
preliminary rulings concerning 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
liberalization 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 a new theoretical perspective and proposes novel
solutions to long-standing dilemmas. In particular, it suggests
that the use of information technology may render possible the
previously impossible compromises between party autonomy and the
proper locus of prescriptive sovereignty. (Series: Studies in
Private International Law - Vol. 9)
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