Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Michigan Law School

Michigan Journal of International Law

Journal

1990

Corporations

Articles 1 - 2 of 2

Full-Text Articles in Law

Towards A European Constitution Of The Firm: Problems And Perspectives, Thomas E. Abeltshauser Jan 1990

Towards A European Constitution Of The Firm: Problems And Perspectives, Thomas E. Abeltshauser

Michigan Journal of International Law

This article will discuss in particular the proposed EEC directive on the harmonization of corporate structures as well as the proposed regulation of the Societas Europea. Initially, these proposals were strongly oriented toward German law. As such, a corporation had to have a managing board as well as a so-called supervisory board and a general meeting of stockholders. Since the EEC Commission published the so-called "Green Paper," which contains a comparative analysis of national legal systems requirements for the structure of corporations and provisions for co-determination rights for employees at the board level, the new proposals concerning the constitution of …


Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl Jan 1990

Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl

Michigan Journal of International Law

This article describes the current situation in the emerging integrated system of the European Community, focusing on the potential conflict between Community rules on the freedom of establishment and national conflict-of-law rules relating to companies. In the first part, I shall outline the relevant provisions of EC law and the two conflict-of-law concepts presently exhibited in the national laws of the Member States. In the second part, I shall discuss three cases in which the European Court of Justice recently addressed this subject. In the third part, I shall analyze the impact of the Court's opinions, and finally outline options …