Store International Liability of Corporate Groups: Autonomy and Control in Parent-Subsidiary Relationships in US, German and EU Law
Liability of Corporate Groups: Autonomy and Control in Parent-Subsidiary Relationships in US, German and EU Law

Liability of Corporate Groups: Autonomy and Control in Parent-Subsidiary Relationships in US, German and EU Law

By José Engrácia Antunes
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Hardbound
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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.

Publish Date 04/01/1980
Product Line Kluwer Law International
ISBN 9789065447852
SKU 10058236-0001
Table of Contents
  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)
Volumes