Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- 23 Law as a Product
- 24 Multilevel Governance and Economic Constitution
- 25 Transnational Law
- 26 Private Ordering
- 27 The Shadow of the Law and Social Embeddedness
- Index
- References
23 - Law as a Product
from Part V - Private Law (Rule-Setting) beyond the State
Published online by Cambridge University Press: 09 April 2021
Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- 23 Law as a Product
- 24 Multilevel Governance and Economic Constitution
- 25 Transnational Law
- 26 Private Ordering
- 27 The Shadow of the Law and Social Embeddedness
- Index
- References
Summary
On 9 March 1999 the Court of Justice of the European Union (CJEU) shattered the well-established doctrine in continental private international law that the company statute is the right to the current seat of the company, that domestic company law cannot be validly formed by registration and that companies established abroad may participate in domestic legal transactions (Box 23.1)
- Type
- Chapter
- Information
- New Private Law TheoryA Pluralist Approach, pp. 437 - 453Publisher: Cambridge University PressPrint publication year: 2021
References
Romano, R, ‘Law as a product: some pieces of the incorporation puzzle’ (1985) 1(2) Journal of Law, Economics, and Organizations 225–83Google Scholar
Zweigert, K and Kötz, H, An Introduction to Comparative Law, 3rd ed. (Oxford: Oxford University Press, 1998), (English translation available on the book website)Google Scholar
Eidenmüller, H, Enriques, L, Helleringer, G and van Zwieten, K, ‘Centros at 20: regulatory arbitrage and beyond – an introduction’ (2019) 20 European Business Organisation Law Review 399–405Google Scholar
Michaels, R, ‘Make or buy: a public market for legal transplants?’, in Eidenmüller, H (ed.), Regulatory Competition in Contract Law and Dispute Resolution (Oxford: Hart, 2013), pp. 27–42Google Scholar