Liability of Corporate Groups and Networks

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Publisher : Cambridge University Press
ISBN 13 : 1107039924
Total Pages : 501 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Liability of Corporate Groups and Networks by : Christian A. Witting

Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.

Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective by : José Engrácia Antunes

Download or read book Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective written by José Engrácia Antunes and published by Springer. This book was released on 1994-05-11 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Full Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.

Corporate Social Capital and Liability

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Publisher : Springer Science & Business Media
ISBN 13 : 1461550270
Total Pages : 559 pages
Book Rating : 4.4/5 (615 download)

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Book Synopsis Corporate Social Capital and Liability by : Roger Th.A.J. Leenders

Download or read book Corporate Social Capital and Liability written by Roger Th.A.J. Leenders and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: In studies of inter-organizational relations (lOR's), there is a tendency to look at dyads of flrms, and to consider networks as aggregates of such dyads. But there are several roles for a third party; a go-between. This chapter looks at a go-between not in the sense of a middleman who intermediates in existing production or trade, such as an agent, wholesaler, retailer, and not in the sense of an entrepreneur who intermediates in the realization of new potential in connecting supply and demand. It looks at a go between in the sense of a relationship counsellor for the development and maintenance of social capital; providing support in setting up, adapting and ending cooperative relations between others. Or, in yet different terms: to help in the embedding of relati ons, in Granovetter's (1985) sense (Uzzi 1997a). Such roles may be performed by middlemen or entrepreneurs, but also by specialized agents who do not playa direct role in linking stages in a chain of production and distribution, as middlemen and entrepreneurs typically do. Indeed, some of the roles require an independence that is served by not having a direct stake in the relations that need to be developed. I propose that the analysis yields a perspective for looking at the roles of trade and industry associations in European business systems, and of banks and trading houses in Japanese enterprise groups (Kigyo Shudan).

Corporate Social Capital and Liability

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Publisher : Springer
ISBN 13 : 9780792385011
Total Pages : 562 pages
Book Rating : 4.3/5 (85 download)

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Book Synopsis Corporate Social Capital and Liability by : Roger Th.A.J. Leenders

Download or read book Corporate Social Capital and Liability written by Roger Th.A.J. Leenders and published by Springer. This book was released on 1999-07-31 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: In studies of inter-organizational relations (lOR's), there is a tendency to look at dyads of flrms, and to consider networks as aggregates of such dyads. But there are several roles for a third party; a go-between. This chapter looks at a go-between not in the sense of a middleman who intermediates in existing production or trade, such as an agent, wholesaler, retailer, and not in the sense of an entrepreneur who intermediates in the realization of new potential in connecting supply and demand. It looks at a go between in the sense of a relationship counsellor for the development and maintenance of social capital; providing support in setting up, adapting and ending cooperative relations between others. Or, in yet different terms: to help in the embedding of relati ons, in Granovetter's (1985) sense (Uzzi 1997a). Such roles may be performed by middlemen or entrepreneurs, but also by specialized agents who do not playa direct role in linking stages in a chain of production and distribution, as middlemen and entrepreneurs typically do. Indeed, some of the roles require an independence that is served by not having a direct stake in the relations that need to be developed. I propose that the analysis yields a perspective for looking at the roles of trade and industry associations in European business systems, and of banks and trading houses in Japanese enterprise groups (Kigyo Shudan).

Principles of Corporate Finance Law

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Publisher : Oxford University Press
ISBN 13 : 0192634682
Total Pages : 705 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Principles of Corporate Finance Law by : Eilís Ferran

Download or read book Principles of Corporate Finance Law written by Eilís Ferran and published by Oxford University Press. This book was released on 2023-09-27 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.

The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries

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Author :
Publisher : Routledge
ISBN 13 : 1351886819
Total Pages : 540 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries by : Andrew Muscat

Download or read book The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries written by Andrew Muscat and published by Routledge. This book was released on 2016-12-05 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.

Corporate Duties to the Public

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Publisher : Cambridge University Press
ISBN 13 : 1108421466
Total Pages : 387 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Corporate Duties to the Public by : Barnali Choudhury

Download or read book Corporate Duties to the Public written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2019-01-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.

Company Law

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Publisher : Oxford University Press
ISBN 13 : 0198858876
Total Pages : 321 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Company Law by : Eva Micheler

Download or read book Company Law written by Eva Micheler and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.

Digital Technologies and the Law of Obligations

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Publisher : Routledge
ISBN 13 : 1000432602
Total Pages : 234 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Digital Technologies and the Law of Obligations by : Zvonimir Slakoper

Download or read book Digital Technologies and the Law of Obligations written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-09-30 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.

Multinational Enterprises and the Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198824130
Total Pages : 913 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Multinational Enterprises and the Law by : Emeritus Professor of International Commercial Law Peter Muchlinski

Download or read book Multinational Enterprises and the Law written by Emeritus Professor of International Commercial Law Peter Muchlinski and published by Oxford University Press, USA. This book was released on 2021-02-18 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading text in the field covers all the major regulatory areas relating to the operations of multinational enterprises, analysing them not only in a legal but also a political and economic context. It is a definitive reference work for students, researchers, and practitioners working with multinational enterprises.

Corporate Insolvency Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521626859
Total Pages : 662 pages
Book Rating : 4.6/5 (268 download)

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Book Synopsis Corporate Insolvency Law by : Vanessa Finch

Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Parental Liability in EU Competition Law

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Publisher : Oxford University Press
ISBN 13 : 0198844832
Total Pages : 625 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Parental Liability in EU Competition Law by : Peter Whelan

Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.

Blumberg on Corporate Groups

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Publisher : Wolters Kluwer
ISBN 13 : 0735542066
Total Pages : 5804 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Blumberg on Corporate Groups by : Phillip I. Blumberg

Download or read book Blumberg on Corporate Groups written by Phillip I. Blumberg and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 5804 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new five volume "Second Edition" of "Blumberg on

Research Handbook on Corporate Liability

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371284
Total Pages : 501 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Handbook on Corporate Liability by : Martin Petrin

Download or read book Research Handbook on Corporate Liability written by Martin Petrin and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.

International Corporate Personhood

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Author :
Publisher : Routledge
ISBN 13 : 1000390101
Total Pages : 182 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis International Corporate Personhood by : Kevin Crow

Download or read book International Corporate Personhood written by Kevin Crow and published by Routledge. This book was released on 2021-05-17 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Networks as Connected Contracts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317758
Total Pages : 314 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Networks as Connected Contracts by : Gunther Teubner

Download or read book Networks as Connected Contracts written by Gunther Teubner and published by Bloomsbury Publishing. This book was released on 2011-05-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.