Stakeholder protection in corporate governance and in the legal system, the varieties of capitalism, and long term unemployment (original) (raw)
Related papers
2010
In the literature the issue of the protection of stakeholder interests (of employees in particular) is usually considered in a static context: how should the institutions of corporate governance be shaped having regard to already existing firms, conforming in particular to some subjective criteria of fairness and fair play. It is remarkable that no attention is usually paid to the basic fact that a company in order to exist must be first be established, and that the founders-owners are the original shareholders.
Corporate governance: the main issues
EVOLUTION OF PRIVATE LAW – NEW CHALLENGES, 2020
We are pleased to present you with this book which is the effect of the international cooperation between the Research Group of the Commercial Law acting at the Faculty of Law and Administration of the University of Silesia and representatives of foreign university departments of private law from Austria, the Czech Republic, Slovakia and Ukraine. The “Evolution of Private Law – New Challenges” continues the collective publications issued in 2014, 2015 and 2017. Private law is not a subject that currently suffers from a scarcity of interesting and great scientific publications, but our first thought was to create some space for authors from different European countries to present new visions and development paths for that area of law. This year’s edition is dedicated to the new challenges facing national legislators regarding the adjustment of their legal systems to some international regulations on private law. A broad range of authors – academics from the above mentioned countries – substantially contribute to strengthen and widen the comparative law research. This publication is dedicated primarily to civil law academics, but it also addresses the issues relevant to the legal practice. Most of the articles can be useful in the didactic process at law studies as well.
Legal Aspects of the Corporate Governance
Research Papers in Economics, 2020
The «corporate governance» term has different variations. One of such notions of the corporate governance as a system under which business corporations are managed and controlled. This term describes procedures, customs, policies, laws and institutions that govern the corporation.We are convinces that the corporate governance is a form of organization of activity of a corporation through the orderly influenceof the subjects of such governance, its interactions at microeconomic processes, which ensure its optimal socio-economic existence in the macroeconomic environment.The concept of the term «corporate governance» indicates the necessity to define it by categories not only of legal science.The legal aspect of an issue of corporate governance is caused by two factors:1. Ensuring the judicial personality of the corporation, which provides the implementation of its proper management;2. The prudence of corporate conflict among corporate affiliates.The corporate governance exercising is...
Study on the Law Applicable to Companies
While the case law of the Court of Justice has been supportive of foreign incorporations and cross-border corporate mobility in Europe, many problems still persist in practice. This report analyses these practical problems and the relevant domestic rules, followed by normative recommendations. First, the statistical analysis revealed that corporate mobility is only a partial reality in the EU. Second, an empirical survey of lawyers from all Member States found, inter alia, that there is considerable legal uncertainty regarding the subject matter of this report in many of the Member States and that respondents support a possible harmonisation of conflict of laws rules. Third, the comparative part of the report provides a thorough analysis of the conflict of laws rules applicable to companies in all 28 Member States, based upon reports drafted by national correspondents from each Member State. Fourth, in the normative analysis, we recommend harmonisation of the relevant conflict of laws rules in a new ‘Rome V Regulation’. This should generally be based on the incorporation theory, but it should also provide tools to protect the public interests of host Member States. The study also provides suggestions for a possible directive on seat transfers.
Annual Review of Law and Social Science, 2005
Corporate governance concerns three sets of issues: property rights,relationships between firms and financial markets, and labor relations. Our literature review shows that the system of corporate governance that emerges within a particular country reflects the outcome of political, social, and economic struggles in that country and that it does not reflect efficiency considerations focused on managing agency relations between owners and managers. Despite these facts, much research has been done in recent years attempting to analyze whether a superior matrix of institutional arrangements or a set of best practices of corporate governance exists to produce greater economic growth. Our review shows that there does not appear to be a single set of best practices, but rather that what is important are stable institutions that are legitimate and prevent extreme rent seeking on the part of governments and capitalists. Key words: comparative capitalism, agency theory, economic development