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Governing Law of Companies in Eu Law by Justin Borg-Barthet

Governing Law of Companies in Eu Law

by Justin Borg-Barthet
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Book cover type: Hardcover
  • ISBN13: 9781849462969
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Bloomsbury Publishing PLC
  • Publisher Imprint: Bloomsbury Publishing PLC
  • Publication Date:
  • Pages: 210
  • Original Price: USD 135.0
  • Language: English
  • Edition: N/A
  • Item Weight: 454 grams
  • BISAC Subject(s): Administrative Law & Regulatory Practice, International, and Conflict of Laws

The manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding 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 liberalisation 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 new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.

Beaumont, Paul: - Paul Beaumont FRSE is Professor of Private International Law at the University of Stirling.

Borg-Barthet, Justin: - Justin Borg-Barthet is Senior Lecturer at the School of Law, University of Aberdeen, UK.

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