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Comparative Company Law: A Case-Based Approach

Hart Publishing, 2013

26 Pages Posted: 16 Feb 2013  

Mathias M. Siems

Durham University - Durham Law School; University of Cambridge - Centre for Business Research

David Cabrelli

University of Edinburgh - School of Law

Date Written: February 14, 2013


As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary.

The book covers 10 legal systems. With respect to countries of the European Union, it focuses on the most populous countries (Germany, France, the UK, Spain, Italy and Poland) as well as two smaller Member States (Finland and Latvia). In addition, the laws of two of the world's largest economies (the US and Japan) are included for the purposes of wider comparison. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.

The SSRN document includes the Table of Contents and the first chapter of the book.

Keywords: company law, comparative law, comparative corporate governance, convergence, legal transplants, legal origins

JEL Classification: G34, K22

Suggested Citation

Siems, Mathias M. and Cabrelli, David, Comparative Company Law: A Case-Based Approach (February 14, 2013). Hart Publishing, 2013. Available at SSRN: or

Mathias M. Siems (Contact Author)

Durham University - Durham Law School ( email )

Stockton Road
Durham, County Durham DH1 3LE
United Kingdom


University of Cambridge - Centre for Business Research ( email )

Top Floor, Judge Business School Building
Trumpington Street
Cambridge, CB2 1AG
United Kingdom


David Louis Cabrelli

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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