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Freedom of Establishment versus Creditor Risk in Germany - A Clash of Principles? (Paperback)
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Freedom of Establishment versus Creditor Risk in Germany - A Clash of Principles? (Paperback)
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Master's Thesis from the year 2005 in the subject Business
economics - Law, grade: 1,5, Anglia Ruskin University (Faculty of
Arts, Law and Social Sciences, Studiengang L.L.M. International and
European Business Law), language: English, abstract: Inhaltsangabe:
Abstract: The aim of this dissertation is to analyse the potential
clash of the principle of free establishment and the creditor
protection principles in Germany. It researches the position of
unsecured creditors of insolvent pseudo-foreign companies following
the rulings of the European Court of Justice in Segers, Centros,
Uberseering and Inspire Art with the focus on German creditors of
companies with limited liability incorporated in England and Wales.
Research is carried out through reviewing and analysing academic
and professional opinions voiced concerning the applicability,
restricted or non-applicability of specific German creditor
protection instruments following the ECJ rulings considering that
the law of the country of incorporation governs foreign companies.
European case law defining the current understanding of the
fundamental freedom of establishment is reviewed and contrasted
with subsequent rulings by German courts involving insolvent
English companies. The result of the analysis shows that the number
of English limited companies (Limited) is still relatively
insignificant compared to the total number of German GmbH
companies. Limiteds don't seem to replace the GmbH and don't yet
present a threat to the German economy. Questionable is the
accuracy and completeness of company information a German creditor
can obtain. The main reason is the lack of a formalized or
regulatory information process between the company registers of
England and Germany. Based on the research performed it can be
concluded that the principles of creditor protection in Germany
differ greatly from those applied in England. The German creditors
can no longer rely on the applicability of German creditor
protection instrume
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