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Convergence in Shareholder Law


ISBN13: 9780521876759
Published: December 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £125.00
Paperback edition , ISBN13 9780521187916



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On the one hand, it can be argued that the increasing economic and political interdependence of countries has led to the convergence of national legal systems. On the other hand, advocates of the counterhypothesis maintain that this development is both unrealistic and unnecessary.

Mathias Siems examines the company law of the UK, the USA, Germany, France, Japan and China to see how this issue affects shareholder law. The author subsequently analyses economic and political factors which may or may not lead to convergence, and assesses the extent of this development. Thus, Convergence of Shareholder Law not only provides a thorough comparative legal analysis but also shows how company law interconnects with political forces and economic development and helps in evaluating whether harmonisation and shareholder protection should be enhanced.

  • Includes a description of the company law in six major jurisdictions in one accessible source
  • Explains the political and economic context of shareholder protection, allowing reader to understand how company law interconnects with political forces and economic development, in particular in the context of ‘globalisation’
  • Typological approach to shareholder protection provides deeper understanding than the mere compilation of legal rules

Subjects:
Company Law
Contents:
Introduction;
Part I. The Object and Course of the Investigation;
1. Dimensions of convergence in shareholder law;
Part II. The Status Quo of Convergence
2. Legal bases;
3. Bases for a shareholder typology;
4. The 'Shareholder as Such';
5. The shareholder in the power structure of the company;
6. Conclusions of Part 2;
Part III. Developmental Trends and Patterns;
7. Bases;
8. Convergence through congruence;
9. Convergence through pressure;
10. Future convergences in shareholder law;
11. Conclusions of Part 3;
Part 4. Conclusion;
12. Convergence as a model for the future;
13. Summary of principal findings.

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