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    Freedom of establishment and private international law for corporations / Paschalis Paschalidis.

    • Title:Freedom of establishment and private international law for corporations / Paschalis Paschalidis.
    •    
    • Author/Creator:Paschalidis, Paschalis, 1984-
    • Published/Created:Oxford : Oxford University Press, 2012.
    • Holdings

       
    • Library of Congress Subjects:Conflict of laws--Corporations--European Union countries.
      Emigration and immigration law--European Union countries.
      Freedom of movement--European Union countries.
    • Edition:1st ed.
    • Description:xxxvi, 285 p. ; 24 cm.
    • Series:Oxford private international law series.
    • Notes:Includes bibliographical references and index.
    • ISBN:9780199698042 (hbk.)
      019969804X (hbk.)
    • Contents:Machine generated contents note: pt. I Private International Law for Corporations
      ch. 1 National Choice of Law for Corporations
      I. Common Law: The Theory of Incorporation
      II. Civil Law: The Real Seat Theory
      III. Incorporation and Real Seat Theories Compared
      ch. 2 Incorporation and Real Seat Theories in Context
      I. Choice of Law for Corporations and Rules on Jurisdiction
      II. Choice of Law for Corporations and Substantive Rules of Company Law
      III. Concluding Remarks
      pt. II Impact of Freedom of Establishment on Private International Law for Corporations
      ch. 3 Normative Content of Freedom of Establishment
      I. Daily Mail Case
      II. Centros Case
      III. Uberseering Case
      IV. Inspire Art Case
      V. Sevic Case
      VI. Grunkin & Paul Case
      VII. Cartesio Case
      VIII. Further Developments
      ch. 4 Letter-box Companies and the Doctrine of Abuse
      I. Corporate Mobility under the Services Directive
      II. Letter-box Companies: The Post-Centros Development of the Doctrine of Abuse
      ch. 5 Regulatory Competition for Incorporations
      I. Regulatory Competition for Corporate Charters in the USA
      II. Delaware's Prevalence in the US Market for Corporate Charters
      III. Incentives for a State to Engage in Regulatory Competition
      IV. Regulatory Competition for Corporate Charters in the European Union
      V. Concluding Remarks
      pt. III Impact of Freedom of Establishment on Private International Law for Insolvency
      ch. 6 Scheme of Insolvency Proceedings in the European Union
      I. General Features and Characteristics of the Insolvency Regulation
      II. Concept of the Centre of Main Interests
      III. Interpretation of the COMI by Domestic Courts
      IV. Impact of Freedom of Establishment on the Interpretation of the COMI
      V. Comparison of the COMI in the Insolvency Regulation with the COMI in the UNCITRAL Model Law on Cross-Border Insolvency
      ch. 7 COMI and Forum Shopping
      I. Concept of Forum Shopping
      II. Transfer of the Central Management
      III. Transfer of the Registered Office
      IV. Transfer of the COMI through Cross-Border Corporate Formations
      V. Transfer of the COMI by Means of Successio Universalis
      ch. 8 Regulatory Competition for Insolvencies
      I. General Remarks
      II. Incentives for Member States to Compete
      III. Common Private International Law Rules for Insolvency Proceedings
      IV. Diversity is the Genius of European Insolvency Law
      V. Concluding Remarks
      ch. 9 Reflections on the Intersection of Freedom of Establishment with Private International Law for Corporations.
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