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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

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Freedom of Establishment and Private International Law for Corporations (eBook)


ISBN13: 9780191638138
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £90.99
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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.

Subjects:
Company Law, Conflict of Laws, eBooks
Contents:
Part I Private international law for corporations
1: National choice of law for corporations
2: The incorporation and real seat theories in context
Part II Freedom of establishment and private international law for corporations
3: The normative content of freedom of establishment
4: Letterbox companies and the doctrine of abuse
5: Regulatory competition for incorporations
Part III Freedom of establishment and private international law for insolvency
6: The scheme of insolvency proceedings in the European Union
7: The COMI and forum shopping
8: Regulatory competition for insolvency
9: Reflections on the intersection of freedom of establishment with private international law for corporations;

Series: Oxford Private International Law

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Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
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Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
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The Arrest of Ships in Private International Law ISBN 9780199581351
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Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
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The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
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Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
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Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
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£390.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
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Conflict of Laws Within the UK ISBN 9780199202454
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Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
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Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
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The Transfer of Property in the Conflict of Laws ISBN 9780199271474
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International Sale of Goods in the Conflict of Laws ISBN 9780199244690
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Procedural Law in International Arbitration ISBN 9780199249480
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Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
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Enforcement of Judgments in Europe
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