Liability Of Corporate Groups

Overview

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 ...

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Overview

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.

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Product Details

  • ISBN-13: 9789065447852
  • Publisher: Kluwer Law International, BV
  • Publication date: 4/1/2002
  • Series: Studies in Transnational Economic Law, #10
  • Pages: 584
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.31 (d)

Table of Contents


• The Corporate Group as an Economic and Legal Phenomenon

I. The Corporate Group as an Economic Phenomenon: From the Atomistic Era to the Molecular Era of Corporation Law
A. The Classical Atomistic Era of Corporation Law: The Paradigm of the Single- Corporate Enterprise
B. The Emergence of the Molecular Era of Corporation Law: The New Paradigm of the Polycorporate Enterprise
C. What is Left from the Classical Economic Model?

II. The Corporate Group as a Legal Phenomenon: The Crisis of the Classical Legal Model of the Corporation
A. The Classical Legal Model of the Corporation
B. The Crisis Introduced by the Emergence of Corporate Groups: Reality and Fiction of the Classical Legal Model
C. What Is Left From The Classical Legal Model?


• On the Nature of Corporate Groups: The Principles of Corporate Autonomy and Corporate Control

I. Corporate Autonomy and Corporate Control: The Two Cornerstones of Modern Corporation Law
A. The Dogma of Corporate Autonomy and its Fallacy
B. The New Feature of Corporation Law: Corporate Control
C. Corporation Law, Corporate Autonomy, Corporate Control: The Basic Dilemma

II. Unity and Diversity in Corporate Groups: Corporate Autonomy and Corporate Control as Legal and Organizational Constitutive Principles of Corporate Groups
A. The Core of Corporate Group Enigma: 'Einheit und Vielheit'
B. Doctrinal, Jurisprudential and Legislative Approaches to Corporate Groups


• Intragroup Liability in Comparative Law

I. The USA Legal System: The Traditional 'Entity Law Approach'
A. General Notion
B. The Underlying Regulatory Criteria: the Principle of Corporate Autonomy
C. Critical Appraisal

II. The EU Legal System: The Revolutionary 'Enterprise Approach'

A. General Notion
B. The Underlying Regulatory Criteria: the Principle of Corporate Control
C. Critical Appraisal

III. The German Legal System: The Differentiated 'Dualist Approach'
A. General Notion
B. The Underlying Regulatory Criteria: the Sharp Division between Corporate Autonomy and Corporate Control
C. Critical Appraisal


• New Avenues in Intragroup Liability

I. A New Regulatory Criterion?
A. The New Regulatory Criterion
B. Regime

II. New Avenues In Intragroup Liability: Some Recent Jurisprudential Developments in the USA, EU and Germany
A. European Union: Recent Developments in Intragroup Competition Liability
B. Germany: The Recent 'Konzernhaftung' Jurisprudence (Autokran, Tiefbau, Video)
C. USA: Some Recent Jurisprudence on Intragroup Liability (Miscellaneous)



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