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Corporate Opportunities - A Law and Economics Analysis (Paperback, NIPPOD)
Loot Price: R1,457
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Corporate Opportunities - A Law and Economics Analysis (Paperback, NIPPOD)
Series: Contemporary Studies in Corporate Law
Expected to ship within 9 - 15 working days
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This monograph provides a comprehensive analysis of corporate
opportunities doctrines from a comparative perspective. It looks at
both common law and civil law rules and relies to a large extent on
a law and economics approach. This book broadens the conventional
view on corporate opportunities, a vital step in light of the
adoption of corporate opportunities rules in civil law
jurisdictions and in light of investors' ever-changing strategies.
This approach considers institutional complementarities and
especially industrial complementarities. The book thus explores
several jurisdictions and their economic and industrial
environments, whilst also assessing the impact of globalisation
onto legal reform. Furthermore, it analyses the problems related to
the application of corporate opportunities rules to cross-border
venture capital. In normative terms, the book advances one main
stance, articulated in three points: first, it proposes different
sanctions for undisclosed and disclosed misappropriations,
supporting the core idea that sanctions should be set against
disclosure and not authorisation. Secondly, it advances the idea
that sanctions against undisclosed misappropriations should be more
severe than the ones presently applied. Thirdly, it considers the
possibility of a more flexible treatment of disclosed
misappropriations. This study is positioned at the intersection of
several fields, providing a lens into a much broader range of
dynamics that will be of interest to a varied international
readership, and offering a window into the broader institutional
dynamics at work in centres of innovation (eg Silicon Valley and
industrial districts in other jurisdictions). It is rooted in law
and economics, but the emphasis is placed on how corporate
opportunities rules fit within a broader set of institutional
dynamics that affect innovation, industrial efficiency, and
economic competitiveness.
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