Embedding the Multi-Factoral Approach in Corporations: The Role of Corporate Law

2021 ◽  
pp. 361-412
Keyword(s):  
Corporate Law

The Role of Corporate Law in the Theory of the Firm

1985 ◽  
Vol 28 (1) ◽  
pp. 179-191 ◽  
Author(s):  
Barry D. Baysinger ◽  
Henry N. Butler
Keyword(s):  
Theory Of The Firm ◽  
Corporate Law

scholarly journals IL DIRITTO SOCIETARIO TRA DIRITTO COMPARATO E DIRITTO STRANIERO

2013 ◽  
Author(s):  
Giuseppe B. Portale
Keyword(s):  
Comparative Law ◽  
Corporate Law ◽  
Private Company ◽  
General Role ◽  
Foreign Law ◽  
Specific Regulation ◽  
The One ◽  
Substantive Law ◽  
Theoretical Foundations

The article tackles the issues related to the use of comparative law a source of substantive law in a specific legal system, with specific regard to corporate law. Expanding on previous studies on the general role of comparative law in the framework of sources of law (§ 1), the study argues that the comparative argument may be used to regulate purely domestic cases and as well as a play a crucial role in interpreting internal laws (§§ 1.1, 1.2) and analyzes the theoretical foundations of such process (§ 1.3) as well as the problems caused by the application of foreign law by a domestic judge (§ 2). Subsequently, two examples of such usage of the comparative legal argument are provided, drawn from the Italian corporate law experience (§ 3): on the one hand, the introduction of a specific regulation of a simplified private company (società a responsabilità limitata semplificata), representing a circulation of German (Unternehmergesellschaft- UG) and Belgian (société privée a responsabilité limitée starter) models (§ 3.1); on the other hand, the use of comparative law by in the interpretation of the organization structure in the Italian dualistic system (§ 3.2).

scholarly journals State, BUMN (State Owned Enterprises - SOEs) and Role of Law in Economic Development: A Theoretical Approach

2019 ◽  
Vol 1 (2) ◽  
pp. 20-29
Author(s):  
Teuku Syahrul Ansari
Keyword(s):  
Economic Development ◽  
Legal Status ◽  
Social Space ◽  
Corporate Law ◽  
Legal Certainty ◽  
Law System ◽  
Economic Law ◽  
Legal Problems ◽  
The Law

In developing the Business Judgment System for State-Owned Enterprises (SOEs, Persero) in Indonesian Economic Law, it is necessary to elaborate on the theory of the role of law in economic development. According to J.D. Mrs. Hart has three elements that must be developed in the legal system so that the law plays a role in economic development, namely predictability, stability, justice (fairness). The role of the law, basically refers to the main purpose of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The role of the law basically refers to the main objective of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The focus of this paper is the interaction of Indonesian corporate law in the Indonesian Economic Law system in the management of state-owned enterprises, as one of the corporations with legal status to be able to compete globally, because this principle is a universal principle. Corporate law and globalization interact in the same social space and interests. With these interactions, it allows various possibilities, such as integration, incoordination (partial merging), competition (each running alone), conflict (conflicting), and avoidance (one of the laws avoids the enforcement of other laws).

Conclusion

2018 ◽  
Author(s):  
Abraham A. Singer
Keyword(s):  
Corporate Governance ◽  
Business Ethics ◽  
Political Theory ◽  
Chicago School ◽  
Corporate Law ◽  
Liberal Democratic ◽  
Immanent Critique ◽  
Methodological Reflection ◽  
Normative Account

The conclusion reviews the arguments that have been offered throughout the book. This book started with some basic presuppositions that represent the underlying normative commitments of the liberal democratic market societies we find ourselves in. This chapters reviews the critique offered of the Chicago School of economics, the normative account of corporate productivity, as well as the prescriptions offered for corporate law, corporate governance, and business ethics, that were offered in light of these presuppositions. Graphical representations are offered for each of the theories reviewed. The chapter concludes with a methodological reflection on the nature of immanent critique and the role of idealizing assumptions in political theory.

Remarks by M. Sean McMillan

1973 ◽  
Vol 67 (5) ◽  
pp. 256-258
Author(s):  
M. Sean McMillan ◽  
William M. Poole
Keyword(s):  
United States ◽  
The United States ◽  
Corporate Law ◽  
Business Enterprise ◽  
Business Decisions ◽  
Foreign Enterprise ◽  
International Transactions ◽  
The U.S

Like Mr. Stevens, I am engaged in the practice of international corporate law. I would like to outline briefly my view of the role of the practising U.S. attorney whose clients are involved in international transactions—the “transnational lawyer.” These lawyers should be competent to give advice on the laws of more than one country and must be able to evaluate the relative legal advantages of particular business decisions as they are affected by the laws of one country or another. Typically, the transnational lawyer will represent a business enterprise in its operations abroad, or he may represent a foreign enterprise in connection with its operations in the United States. In the latter capacity, his considerations are generally no different than those of his fellow “domestic” corporate lawyer. Although the decisions of the foreign business enterprise may be affected by the laws of its domicile, the legal considerations for the U.S. attorney are usually those of any transaction occurring domestically.

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