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Twenty Years European Company Law
Soon after the journal European Company Law was launched in 2004, it jumped to prominence as a leading resource not only for European companies and their lawyers but also for enterprises worldwide with business interests in Europe, a role it has held to the present day. This book, appearing 20 years after the first issue of the journal, celebrates this anniversary with contributions from eminent legal experts in the areas of company law, securities law, and corporate governance. Topics range over both the traditional areas of policy and practice and emerging contemporary issues in the field. The contributions – all of them characterized by the concise and practice-oriented approach for whi...
European Private Law - Current Status and Perspectives
Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.
Managers in European Law
Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...
Enforcement of Corporate and Securities Law
This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.
Modernization of European Company Law and Corporate Governance
This new book offers a substantial framework for examining the competence or powers of the EC in the field of company law, and the requirements for the lawful exercise of these powers (the principle of subsidiarity and the observance of Article 43 EC in particular). In order to provide a clear understanding of the practical relevance of this framework, the author tests the provisions of specific EC company law instruments for compatibility with the EC Treaty. Although the substantial body of EC company law that has been built up over the years is covered, the focus is on EC company law instruments which have been adopted in implementation of the 2003 Action Plan. The book includes a survey of the various company law instruments (both pre-and post-Action Plan) which together make up EC company law, and discusses the objectives of EC company law policy. --
EU Market Abuse Regulation
This comprehensive Commentary examines the implications of the EU’s Market Abuse Regulation, introduced following the 2008 financial crisis after gaps were identified in the existing regulatory framework. It explores whether and how the Regulation achieves its aims of preserving the integrity of financial markets by preventing insider dealing and market manipulation, providing a harmonised legal framework, and increasing legal certainty for all market participants.
Dynamic Elements in the Contemporary Business Law
This volume contains the scientific papers presented at the Ninth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 8 November 2019 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into five chapters: Development of the market economy; International business law; Criminal law in business context; Contemporary labor law; Public affairs and business law - constitutional developments. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.
German Corporate Governance in International and European Context
Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth an...
European Company Law
"As with corporate law itself, however, our principal focus in this book is not on establishing the corporate form per se. Rather, it is on a second, equally important function of corporate law: namely, reducing the ongoing costs of organizing business through the corporate form. Corporate law does this by facilitating coordination between participants in corporate enterprise, and by reducing the scope for value- reducing forms of opportunism among different constituencies"--
The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law
In recent decades, the technical handling of custody business in the OHADA region has undergone a lasting change. There has been a shift from a direct to an indirect holding system, in which the interests of an investor in respect of the underlying securities are recorded in the books of an intermediary (such as a bank or a securities firm). Under the law of all states within the OHADA region, the traditional conflict of laws rule for determining the enforceability of a securities pledge that occurs in the indirect holding system is the lex rei sitae (or the lex cartae sitae or the lex situs) rule. However, the traditional lex rei sitae rule cannot be appropriately applied to a system where the dematerialised securities are held through multiple layers of intermediaries located in different jurisdictions. Yet, until the intermediated system and the collateralisation of intermediated securities in the OHADA region will continue to operate in somewhat legally murky waters, leading to more instability in the financial markets. Therefore, Justin Monsenepwoaims to find an appropriate and consistent approach that reflects the reality of the indirect holding system in the OHADA region.
