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A Real Entity Theory of Company Law

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0001
Subject:
Law, Company and Commercial Law

This chapter provides an overview of a real entity theory of company law. It begins by exploring three main theories of the company. The first theory explains the company as a contract; it forms the ... More


Company Law: A Real Entity Theory

Eva Micheler

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.001.0001
Subject:
Law, Company and Commercial Law

This book advances a real entity theory of company law. In this theory the company is a legal entity allowing an organization to act autonomously in law, and company law establishes procedures ... More


The Modern Business Corporation

Ronald J. Colombo

in The First Amendment and the Business Corporation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199335671
eISBN:
9780199361915
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199335671.003.0003
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

Chapter 2 considers whether the business corporation can fairly be considered an association. It recounts the history of the corporation, from its ancient predecessors to its modern manifestations. ... More


Conclusions

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0011
Subject:
Law, Company and Commercial Law

This concluding chapter summarizes how the previous chapters explained company law through a real entity theory. According to this theory, the law does not create organizations but finds them as a ... More


Corporate Actions

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0005
Subject:
Law, Company and Commercial Law

This chapter evaluates the rules that determine the attribution of the actions of human actors to companies. These contain elements that demonstrate that company law is designed for the operation of ... More


How Insiders Abuse the Idea of Corporate Personality

Ian Maitland

in The Moral Responsibility of Firms

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198738534
eISBN:
9780191801808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738534.003.0007
Subject:
Business and Management, Corporate Governance and Accountability

This chapter examines the practice of attributing moral and legal responsibility to corporations and its potential for abuse in three different contexts. First, the author describes how the concept ... More


Toward a Relational Corporate Law

Abraham A. Singer

in The Form of the Firm: A Normative Political Theory of the Corporation

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190698348
eISBN:
9780190909499
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190698348.003.0010
Subject:
Political Science, Political Theory

This chapter begins the presentation of a normative theory of the corporation, assessing corporate law in light of the argument in Part II. It argues that the relational approach to law, developed ... More


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