Comparative company law: a case-based approach

"As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law."--

A case-based approach to comparative company law / edited by David Cabrelli and Mathias Siems -- Part 1. Directors' duties and liability -- General case on directors' duties / edited by Theis Klauberg -- Duties of nominee directors / edited by Martin Gelter, Nemika Jha and D Gordon Smith -- Obligations of directors in takeovers / edited by Pablo Iglesias-Rodríguez -- Cross-border takeovers and takeover defences / edited by Sonja Siggberg, Jesse Collin and Lena Nordman -- Part 2. Creditor protection -- Piercing the corporate veil / edited by Hisaei Ito and Hiroyuki Watanabe -- Capital maintenance / edited by Michał Żurek and Kamil Szmid -- Part 3. Shareholder protection -- Shareholders and shareholder law / edited by Pierre-Henri Conac -- Abuse of shareholder rights / edited by Mathias Siems -- Shareholders' rights and litigation / edited by David Cabrelli -- Limitations on the shareholder's right to transfer shares / edited by Corrado Malberti and Marco Ventoruzzo -- Part 4. Conclusion -- A rule-based comparison and analysis of the case studies / David Cabrelli and Irene-marié Esser -- A quantitative analysis of similarities and differences in form, style and substance / Mathias …