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AZ EURÓPAI UNIÓ KOLLÍZIÓS TÁRSASÁGI JOGA.

Authors :
Tamás, Czigler Dezsó
Source :
Allam - es Jogtudomany; 2010, Vol. 51 Issue 4, p383-420, 38p
Publication Year :
2010

Abstract

After the well known Cartesio case, the conflict-of-laws issues concerning company law seem to be fixed in the European Union. The article tries to give a draft about such rules. The work is divided to two main parts. Firstly, it tries to review the relevant provisions of the primary legislation, included the anti-discrimination backround and the free movement of persons and companies. Moreover, it examines the connection between tax law and company law and the rules of the Treaty on the Functioning of the European Union (TFEU) on the primary and secondary settlement of companies/natural persons. In connection with the problem, the author gives a summary, of the most important case law of the European Court of Justice, shortly reviewing the fundamental cases like Centros, Daily Mail Cartesio, Überseering, etc.. Secondly, there are numerous conflict-of-laws provisions to be found in the secondary legislation that are examined as well. Such rules are usually "hidden" in the different company law rules, but they form a part of EU private international law as well. Beyond, the paper tries to give examples that may help practicing lawyers to have a clear picture on the law applicable to the sale contracts of companies. [ABSTRACT FROM AUTHOR]

Details

Language :
Hungarian
ISSN :
0002564X
Volume :
51
Issue :
4
Database :
Supplemental Index
Journal :
Allam - es Jogtudomany
Publication Type :
Academic Journal
Accession number :
65457754