{"product_id":"freedom-of-establishment-and-private-international-law-for-corporations","title":"Freedom of Establishment and Private International Law for Corporations","description":"\u003cp\u003eFreedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation.\n\u003cbr\u003eThis book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to\n\u003cbr\u003edecide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies.Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law\n\u003cbr\u003etogether, presenting the topic in the broadest possible sense.Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping'\n\u003cbr\u003eand regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and  leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ\n\u003cbr\u003ecases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of\n\u003cbr\u003eestablishment.Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.\u003c\/p\u003e","brand":"Oxford University Press","offers":[{"title":"Default Title","offer_id":46061015269614,"sku":"9780199698042","price":426.9,"currency_code":"AUD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0630\/9612\/7726\/files\/9780199698042.jpg?v=1736525921","url":"https:\/\/bookland.com.au\/products\/freedom-of-establishment-and-private-international-law-for-corporations","provider":"Book Land AU","version":"1.0","type":"link"}