This book provides a much-needed analysis of this very important subject for company lawyers, including discussion of the principle of freedom of establishment, and focusing upon the key issue of determining where a corporation has its "seat" for legal purposes. A survey is given of current EC law and of private international law developments in three 'incorporation' countries (Netherlands, England and Switzerland) and three 'real seat' countries (Germany, France
and Italy). Following on from entry into force of the Treaty of Amsterdam, an integrated approach of EC law and private international law is advocated in order to develop instruments to facilitate
cross-border company migration. Special attention is given to the 1998 EC Draft Proposal for a Fourteenth Company Law Directive on Cross-border Company Transfers.
`The book is a valuable contribution towards an empirical study of the current problems associated with private international law and EC law in respect of private companies.'
International Company and Commercial Law Review (Vol. 13, Issue 7, July 2002)
`This book is part of the excellent series of Oxford monographs in private international law. ... an excellent handbook on the subject.'
New Law Journal, 3 Aug 2001
`An interesting work, rich in insights and details, where the reader will find a plethora of valuable information on this highly topical subject.'
The European Legal Forum issue 4/2000
Table of Cases
Table of Legislation
Part I: Legal Status of Foreign Companies. Present State of European Law
1: Cross-Border Company Relationships in Europe. Main Features
2: Recognition Theories. Private International Law Treaties and EC Law
3: Provisional Conclusions
Part II: Present State of Private International Law. A Comparative Analysis
4: 'Incorporation' Countries Versus 'Real Seat' Countries
5: Provisional Conclusions
Part III: Future Outlooks. An Integrated Law Approach
6: Treaty of Amsterdam. Synthesis of EC Law and Private International Law
7: Final Conclusions
Series: Oxford Private International Law Series
Number Of Pages: 396
Published: 1st January 2001
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.1 x 16.3
Weight (kg): 0.69