|
|
|
|
||||
|
||||
Regulatory Competition in European Company Law and Creditor ProtectionLuca EnriquesHarvard Law School; LUISS Guido Carli University - Faculty of Law; European Corporate Governance Institute (ECGI) Martin GelterFordham University School of Law; European Corporate Governance Institute (ECGI) European Business Organization Law Review (EBOR), Vol. 7, 2006 THE LAW AND ECONOMICS OF CREDITOR PROTECTION: A TRANSATLANTIC PERSPECTIVE, Horst Eidenmüller & Wolfgang Schön, eds., pp. 421-457, 2008 Abstract: The European framework for creditor protection has undergone a remarkable transformation in recent years. While the ECJ's Centros case and its progeny have introduced free choice with respect to the State of incorporation, and hence the substantive company law regime, the European Insolvency Regulation has implemented uniform conflict of laws rules for insolvencies. However, this regime has opened up some forum shopping opportunities. This article analyzes possible consequences of regulatory competition and forum shopping for creditors and argues that the "insolvencification" of corporate law creditor protection mechanisms will not enable national policymakers to impose their respective ideas about creditor protection on firms in a fully-fledged manner.
Keywords: regulatory competition, creditor protection, EC company law, European Insolvency Regulation, forum shopping JEL Classification: K20 Accepted Paper SeriesDate posted: February 19, 2007 ; Last revised: June 2, 2008Suggested CitationContact Information
|
|
||||||||||||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo3 in 0.297 seconds
