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Books > Law > International law > Private international law & conflict of laws
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On European Companies in Private International Law (Hardcover)
Loot Price: R2,111
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On European Companies in Private International Law (Hardcover)
Expected to ship within 12 - 17 working days
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Nobody doubts the significant role of corporations being not only a
primary legal and social, but also economic, form of involvement of
the multitude as one party in civil and business turnover, which
traditionally presents high risks. The European Union has long
fixed its eyes on perspectives of its economic and political rise,
which may also be stimulated by support of the cross-border
activity of corporations suited to the dimensions of the single
market. As may be read between the lines of numerous legal acts of
the European Union, the dynamic and expanding single market
requires rational legal forms, models, and institutions to be
introduced by the relevant legal instruments. One of these
instruments is the Council Regulation (EC) No 2157/2001 of 8
October 2001, on the Statute for a European company (SE). In line
with a new concept of a legal person to be freed from subjection
solely to the national legislation of the Member States, it gives
rise to a separate subject of law, which is a European company
(Societas Europaea or SE). By means of direct application
throughout Europe, leaving aside the problem of transposition of
the European Union rules into national law of the Member States,
this act is drafted to pave the way for the legal certainty in
carrying out a cross-border corporate activity and its
restructuring based on a new legal framework, ensuring continuity
of the corporate existence. But has the Council of the European
Union given the nationals of the European Union the legal form that
was expected and desired? How does the legal status of a European
company differ from the one indigenous to a national corporation,
composed initially of the very same persons? Are there changes in
private international law regulation with respect to the formal
enlargement of the definition of a corporation inherent to this
legal act? Finally, does the enactment of this Council Regulation
mean that national corporate law was fully discovered and
exploited, and that the idea of a national corporation will soon
perish? This book provides the answer to these and other issues.
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