Liability of Corporate Groups: Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative

1. Auflage 1980
ISBN: 978-90-6544-785-2
Verlag: Wolters Kluwer

Buch, Englisch, 588 Seiten, Format (B × H): 164 mm x 241 mm, Gewicht: 1025 g

Reihe: Studies in Transnational Econo

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.

Zielgruppe

Research

Autoren/Hrsg.

Antunes, Jose

Antunes, José Engrácia

Inhaltsverzeichnis

1. 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?
   
   
2. 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
   
   
3. 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
   
   
4. 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)