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The governing law of companies in EU law

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The governing law of companies in EU law. / Borg Barthet, Justin.

Oxford : Hart Publishing, 2012. (Studies in private international law).

Research output: Book/ReportBook

Harvard

Borg Barthet, J 2012, The governing law of companies in EU law. Studies in private international law, vol. 9, Hart Publishing, Oxford.

APA

Borg Barthet, J. (2012). The governing law of companies in EU law. (Studies in private international law). Oxford: Hart Publishing.

Vancouver

Borg Barthet J. The governing law of companies in EU law. Oxford: Hart Publishing, 2012. (Studies in private international law).

Author

Borg Barthet, Justin / The governing law of companies in EU law.

Oxford : Hart Publishing, 2012. (Studies in private international law).

Research output: Book/ReportBook

Bibtex - Download

@book{2d38e819a2ad45c285274163290f6a8a,
title = "The governing law of companies in EU law",
publisher = "Hart",
author = "{Borg Barthet}, Justin",
year = "2012",
isbn = "9781849462969",
series = "Studies in private international law",

}

RIS (suitable for import to EndNote) - Download

TY - BOOK

T1 - The governing law of companies in EU law

A1 - Borg Barthet,Justin

AU - Borg Barthet,Justin

PB - Hart Publishing

CY - Oxford

PY - 2012

Y1 - 2012

N2 - 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.<br/><br/>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.

AB - 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.<br/><br/>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.

KW - Corporate governance

KW - European Union law

KW - Company law

M1 - Book

BT - The governing law of companies in EU law

SN - 9781849462969

T3 - Studies in private international law

T3 - en_GB

ER -

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