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The Role of Choice of Law Rules in Shaping Free Movement of Companies (Paperback, New)
Loot Price: R2,212
Discovery Miles 22 120
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The Role of Choice of Law Rules in Shaping Free Movement of Companies (Paperback, New)
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This book responds to the current intriguing questions concerning
the impact of the choice of law rules on the free movement of
companies by analysing the most recent ECJ decisions, EU
legislature and doctrine. It addresses vigorous discussions and a
multitude of legal issues concerning European company law,
comparative law and private international law in way that is useful
both for the legal practitioners and academics. The author studies
in great detail the ECJ's attitude towards the different connecting
factors in private international law. This analysis is developed
through a functional presentation of the case law concerning the
distinction between the transfer of the real seat on the one hand
and the registered office on the other. This method emphasises the
consistent approach of the ECJ as well as ensures a clear
functional analysis of both immigration and emigration of
companies. In view of this background, the existing harmonisation
measures as well as the planned directives and regulations (the
company law directives and supranational company forms like the
European Company and the planned European Private Company) are also
outlined. The author furthermore advocates an active harmonisation
process. Apart from the European level, the legal doctrines from
several Member States are discussed as well. All this provides a
wide and up-to-date picture of current European company law and how
it is shaped by private international law. About the book 'Ms
Myszke's book rests upon a close analysis of pertinent sources and
sheds light on the many issues concerning the relationship between
a company's right of establishment and conflict of laws. The thesis
developed by Ms Myszke will certainly inspire and convince readers,
thanks to her systematic approach, the detailed examination of
cases, legislation and doctrine and the elaboration of sound and
creative points of view.' Prof. dr. Johan Meeusen, Full Professor
of European Union Law and Private International Law, University of
Antwerp (Belgium)
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