Category Archives: Business Organisation

Ataollah Rahmani, ‘No reflective loss: the English approach reconsidered’

ABSTRACT A company shareholder should have no difficulty in commencing a claim to recover the loss suffered due to a wrong done to their personal property. The right to the protection of property is a fundamental human right in English law. A wronged person whose property right is infringed will have the right to commence […]

Khokhar and Shahriari, ‘Perceived Trust and Corporate Litigation: The Role of Corporate Social Responsibility’

ABSTRACT We document that firms increase their investment in ESG activities, a proxy for CSR performance, in anticipation of lawsuits from external stakeholders to mitigate the adverse consequences of such legal externalities. We find that higher CSR performance is also positively related to the litigation count and propensity for class-action lawsuits. We show that this […]

Yoon-Ho Alex Lee, ‘A Model of Stock-Market-Based Rulemaking’

ABSTRACT We consider the extent to which a government regulator can harness information about a proposed rule from observing the stock price movements of the affected firms – information the regulator may in turn use to deliberate whether to adopt the rule. The rule comes with an uninformed ex ante (expected) value, which can be […]

‘Piercing the Corporate Veil in the United Kingdom’

“Robert Goddard reports: ‘Judgment was delivered today by the Supreme Court in Hurstwood Properties (A) Ltd and Others v Rossendale Borough Council [2021] UKSC 16. The case provided the opportunity for the court – once more – to consider corporate veil piercing, against the background of its earlier decision in Prest v Petrodel Resources Ltd […]

Nikolay Gribov, ‘Obligations of Corporation Members’

ABSTRACT The article is devoted to the analysis of the obligations of corporation members in Russian and foreign law. Mainly in the Russian and foreign doctrine attention is paid to the duties of directors or controlling persons. Therefore, the legal question of the obligation of the corporation members is of high scientific interest. Gribov, Nikolay, […]

Nikolay Gribov, ‘Obligations of Corporation Members’

ABSTRACT The article is devoted to the analysis of the obligations of corporation members in Russian and foreign law. Mainly in the Russian and foreign doctrine attention is paid to the duties of directors or controlling persons. Therefore, the legal question of the obligation of the corporation members is of high scientific interest. Gribov, Nikolay, […]

Dominik Skauradszun, ‘Restructuring Companies During and After the COVID-19 Pandemic: A Law and Economics Approach’

ABSTRACT As a result of the COVID-19-pandemic, enterprises worldwide have suffered tremendously so that one of the common challenges is how to rescue companies. This paper argues that the approach of subsidising companies and, in particular, the approach of suspending legal obligations to file for insolvency which many European Member States have pursued does not […]

‘Properly understood, corporate law can’t do squat about sustainability’

“The European Commission review of company law mentioned in the previous post prompted European corporate law scholars Florian Möslein and Karsten Engsig Sørensen to argue that ‘Company law can be designed in ways to address the climate change problem, as sustainability and company law interact closely with one other’. Although they argue they are carving […]

Russell Powell, ‘Spirit of the Corporation’

ABSTRACT Christian theologians have analyzed the productive and destructive qualities of institutions, sometimes attributing to them human virtues and vices. In City of God, Saint Augustine describes a utopian vision of human community within a Christian context as an alternative to the flawed ‘City of Man’. Contemporary theologians and sociologists have described collective structures of […]

‘Revisiting the Contractarian Theory of the Firm’

“Three British scholars recently tackled the nexus of contracts aka contractarian theory of the corporation. I’m using it as a excuse to revisit some of my own work on contractarianism …” (more) [ProfessorBainbridge.com, 9 May]