Corporations in Private International Law: A European Perspective

Hardcover | February 1, 2001

byStephan Rammeloo

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This book provides a much-needed analysis of this very important subject for company lawyers, including discussion of the principle of freedom of establishment, and focusing upon the key issue of determining where a corporation has its "seat" for legal purposes. A survey is given of currentEC law and of private international law developments in three 'incorporation' countries (Netherlands, England and Switzerland) and three 'real seat' countries (Germany, France and Italy). Following on from entry into force of the Treaty of Amsterdam, an integrated approach of EC law and privateinternational law is advocated in order to develop instruments to facilitate cross-border company migration. Special attention is given to the 1998 EC Draft Proposal for a Fourteenth Company Law Directive on Cross-border Company Transfers.

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From the Publisher

This book provides a much-needed analysis of this very important subject for company lawyers, including discussion of the principle of freedom of establishment, and focusing upon the key issue of determining where a corporation has its "seat" for legal purposes. A survey is given of currentEC law and of private international law devel...

Stephan Rammeloo is at University of Maastricht.
Format:HardcoverDimensions:396 pages, 9.21 × 6.14 × 1.02 inPublished:February 1, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198299257

ISBN - 13:9780198299257

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Table of Contents

Table of CasesTable of LegislationPart I: Legal Status of Foreign Companies. Present State of European Law1. Cross-Border Company Relationships in Europe. Main Features2. Recognition Theories. Private International Law Treaties and EC Law3. Provisional ConclusionsPart II: Present State of Private International Law. A Comparative Analysis4. 'Incorporation' Countries Versus 'Real Seat' Countries5. Provisional ConclusionsPart III: Future Outlooks. An Integrated Law Approach6. Treaty of Amsterdam. Synthesis of EC Law and Private International Law7. Final ConclusionsIndex

Editorial Reviews

`An interesting work, rich in insights and details, where the reader will find a plethora of valuable information on this highly topical subject.'The European Legal Forum issue 4/2000