2006•Unpublished venueRequires access

Comparative Company Law

Klaus J. Hopt

Open publisher page 12 citations

Abstract

Comparative company law is at once very old and very modern. It is very old because ever since companies and company laws first existed, trade has not stopped at the frontiers of countries and states. The persons concerned, practitioners as well as rule-makers, had to look beyond their own city, country, rules, and laws. But comparative company law is also very modern. Most comparative work has focused on the main areas of private law, such as contract and torts, rather than company law. This article focuses on law and related rulemaking. It tries at least to touch upon the company law of five legal families in an eclectic way. It examines traditional and modern contracts in company law and comparative law, the harmonization of company law in the European Union, capital market law, and perspectives for future research.

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Comparative company law is at once very old and very modern. It is very old because ever since companies and company laws first existed, trade has not stopped at the frontiers of countries and states. The persons concerned, practitioners as well as rule-makers, had to look beyond their own city, country, rules, and laws. But comparative company law is also very modern. Most comparative work has focused on the main areas of private law, such as contract and torts, rather than company law. This article focuses on law and related rulemaking. It tries at least to touch upon the company law of five legal families in an eclectic way. It examines traditional and modern contracts in company law and comparative law, the harmonization of company law in the European Union, capital market law, and perspectives for future research.

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Available abstract

Comparative company law is at once very old and very modern. It is very old because ever since companies and company laws first existed, trade has not stopped at the frontiers of countries and states. The persons concerned, practitioners as well as rule-makers, had to look beyond their own city, country, rules, and laws. But comparative company law is also very modern. Most comparative work has focused on the main areas of private law, such as contract and torts, rather than company law. This article focuses on law and related rulemaking. It tries at least to touch upon the company law of five legal families in an eclectic way. It examines traditional and modern contracts in company law and comparative law, the harmonization of company law in the European Union, capital market law, and perspectives for future research.

Key concepts: Commercial law, Comparative law, Law, Corporate law, Private law, Public law, Rulemaking, Civil law (Civil law)

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