The Private International Law Of Companies In The European Union
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The Private International Law Of Companies In The European Union
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Author : Carsten Gerner-Beuerle
language : en
Publisher:
Release Date : 2018-10
The Private International Law Of Companies In The European Union written by Carsten Gerner-Beuerle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10 with categories.
On European Companies In Private International Law
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Author : Maria Kaurakova
language : en
Publisher: Claeys & Casteels
Release Date : 2017
On European Companies In Private International Law written by Maria Kaurakova and has been published by Claeys & Casteels this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Currently nobody doubts a 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 traditionally presenting high risks. And it is true that, the European Union has long fixed its eyes on perspectives of its economic and political rise, which also may 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 ever-increasing Single Market requires rational legal forms, models and institutions to be introduced by the relevant legal instruments.
Corporations In Private International Law
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Author : Stephan Rammeloo
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Corporations In Private International Law written by Stephan Rammeloo and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.
Human Rights In Business
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Author : Juan José Álvarez Rubio
language : en
Publisher: Taylor & Francis
Release Date : 2017-01-20
Human Rights In Business written by Juan José Álvarez Rubio and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-20 with Law categories.
The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Japanese And European Private International Law In Comparative Perspective
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Author : Jürgen Basedow
language : en
Publisher: Mohr Siebeck
Release Date : 2008
Japanese And European Private International Law In Comparative Perspective written by Jürgen Basedow and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
Stone On Private International Law In The European Union
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Author : Peter Stone
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27
Stone On Private International Law In The European Union written by Peter Stone and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Freedom Of Establishment And Private International Law For Corporations
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Author : Paschalis Paschalidis
language : en
Publisher: OUP Oxford
Release Date : 2012-03-29
Freedom Of Establishment And Private International Law For Corporations written by Paschalis Paschalidis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-29 with Law categories.
Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.
The Private International Law Of Companies In Europe
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Author : Carsten Gerner-Beuerle
language : en
Publisher:
Release Date : 2020
The Private International Law Of Companies In Europe written by Carsten Gerner-Beuerle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
The Company Law In The European Dimension
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Author : Diana Druta
language : en
Publisher: Diana Druta
Release Date : 2017-12-01
The Company Law In The European Dimension written by Diana Druta and has been published by Diana Druta this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-01 with Business & Economics categories.
The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.
Concise Introduction To Eu Private International Law
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Author : Michael Bogdan
language : en
Publisher: Apollo Books
Release Date : 2012
Concise Introduction To Eu Private International Law written by Michael Bogdan and has been published by Apollo Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil law categories.
This concise book is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.