organising the firm theories of commercial law corporate governance and corporate law

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Organising The Firm

Author : Petri Mäntysaari
ISBN : 3642221971
Genre : Law
File Size : 41. 85 MB
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The theoretical basis of commercial law, corporate governance law, and corporate law is still unsatisfactory. There essentially is no theory of commercial law, and existing theories of corporate governance and corporate law cannot explain the behaviour of firms or the contents of existing regulation. This book proposes a coordinated solution for all three areas. The starting point is that all three areas deal with the organisation of firms. Commercial law, corporate governance, and corporate law are therefore studied from the perspective of the firm rather than that of the judge or the investor. Changing the perspective makes it easier to formulate an "umbrella" theory of commercial law, and theories of corporate governance and corporate law as applications of the main theory. The book provides examples of how the proposed theories work by studying legal corporate governance tools and practices that increase the sustainability of the firm. Sustainability can be bolstered by making the governance model more self-enforcing and ensuring that it fosters innovation.

Introducing Single Member Companies In Ethiopia Major Theoretical And Legal Considerations

Author : Jetu Edosa Chewaka
ISBN : 9783960670094
Genre : Law
File Size : 27. 79 MB
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In an increasingly universalizing world, operating business in the form of companies is apparently becoming an indispensable aspect of modern commercial life. The major reason that led to the corporate form as the principal method of organization of commercial activity, among other things, is its advantage of limited liability. Limited liability, in its classical sense, implies the insulation of individual shareholders composing the company from the liability of company debts. Yet, the traditional corporate legal theory has confined the advantage of limited liability within the purview of multimember corporations, making it inaccessible to solo investors. However, quite recently, the historical relic of corporate theory that views corporations as a legally personified body of numerous subscribes of shares has undergone a sharp evolution, as have many other business practices and their legal bases. The purpose of this thesis is to look into notable literature on major corporate theories and analyze whether it would be applicable to single member companies (SMC). It also seeks to compare major legal frameworks governing SMC’s in comparative jurisdictions to show the legal and theoretical implications of introducing SMC’s into the Ethiopian corporate legal system.

The Future Of Labour Law

Author : Catherine Barnard
ISBN : 9781847311764
Genre : Law
File Size : 75. 65 MB
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All over the world a different kind of labour law is in the process of formation; in Gramsci's phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.

Perspectives In Company Law And Financial Regulation

Author : Michel Tison
ISBN : 9781139473538
Genre : Law
File Size : 70. 34 MB
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This collection of essays has been compiled in honour of Professor Eddy Wymeersch on the occasion of his retirement as professor at Ghent University. His main international academic peers explore developments on the crossroads of company law and financial regulation in Europe and the United States, providing a unique view on the dynamics of regulatory competition in an era of economic globalisation, whether in the fields of rulemaking, organising the mobility of capital or the enforcement of rules. The deepening of European financial integration and the transatlantic regulatory dialogue has generated new paradigms of rule-setting in a multinational framework and reinforced the need to develop adequate instruments for co-operation between regulators. Regulators increasingly use concepts such as equivalence or mutual recognition to regulate cross-border relations.

Comparative Corporate Governance

Author : Petri Mäntysaari
ISBN : 3540253807
Genre : Law
File Size : 50. 20 MB
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An analytical overview of the regulation of shareholder activism in the UK and Germany. The book shows how the comparative legal method can be used in the study of the corporate governance systems of different countries. It deals with the regulation of the governance of listed companies within a wide framework that recognises the importance of company law, securities markets law, standards and internal rule-making.

Theories Of Corporate Governance

Author : Thomas Clarke
ISBN : 0415323088
Genre : Business & Economics
File Size : 20. 81 MB
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Structured to provide an introduction and overview of corporate governance from the classical theories to contemporary controversies, this reader functions either as stand-alone text, or as a companion to International Corporate Governance, a textbook also authored by Thomas Clarke. Providing a defining insight into the fast emerging, and highly controversial field, this is the definitive resource for all those seeking to understand the contemporary corporation.

The Oxford Handbook Of Corporate Law And Governance

Author : Jeffrey N. Gordon
ISBN : 9780191061400
Genre : Law
File Size : 23. 3 MB
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Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

The Rule Of Law In Japan

Author : Carl F. Goodman
ISBN : 9789041189035
Genre : Law
File Size : 27. 24 MB
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This book discusses various Japanese legal topics in comparison to the United States approach to these same topics and analyzes whether what you see as the written law in Japan is what you get in reality. The foundation for the present Japanese legal system is explored, as is the structure, makeup, and independence of the Japanese judiciary and legal professions. The application of the Japanese Constitution to activities of and limitations on powers of the Japanese government are analyzed, as are the scope and limitations of the Japanese constitutional guarantees of religious freedom, sexual equality, equal rights, and rights of the criminally accused. The special Renunciation of War clause of the Japanese Constitution and court decisions dealing with the clause are analyzed to discover how the clause has gone from prohibiting all military establishments to permitting a world class military. Substantive legal areas, including contracts, treaties, and corporate law, are discussed. The Japanese civil litigation system, the perceived shortcoming in that system and currently ongoing steps at judicial reform are analyzed. Similarly, the attempt of the American Occupation to significantly change the administrative law of Japan by incorporating American legal concepts in Japanese administrative law is compared to the actual legal state of affairs in Japan. The text discusses the concepts underlying the reasons for the difference between the written law in Japan and the actual working of the Japanese legal system and considers how the ongoing process of judicial reform in Japan, which has as its stated goal the advancement of the Rule of Law, may affect changes in the legal system as Japan moves its legal system into the 21st Century.

The Modern Firm

Author : John Roberts
ISBN : 0198293755
Genre : Business & Economics
File Size : 75. 55 MB
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The Economist's Best Business Book of the Year, The Modern Firm is written by one of the world's leading economists and experts on business strategy and organization, and provides new insights into the changes going on in business today.

Comparative Corporate Governance

Author : Véronique Magnier
ISBN : 9781784713560
Genre :
File Size : 81. 61 MB
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Comparative Corporate Governance considers the effects of globalization on corporate governance issues and highlights how, despite these widespread consequences, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the disparity between convergence attempts and the persistence of local models of governance in the US, Europe and Asia.

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